Yonkers, N.Y., Code of Ordinances ch. 58 § 58-4
Definitions
Operative Text
Words and terms used in this chapter shall have the meanings set forth in the New York Uniform Code or, if not defined therein, as follows: BOARD OF APPEALS Consists of the Commissioner, the Corporation Counsel and the Commissioner of the Department of Housing and Buildings. COMMISSIONER The Commissioner of the Department of Planning and Development, City of Yonkers. COMMISSIONER OF THE DEPARTMENT OF HOUSING AND BUILDINGS The Commissioner of the Department of Housing and Buildings of the City of Yonkers or his authorized representative. COMPTROLLER The Comptroller of the City of Yonkers. DEPARTMENT The Department of Housing and Buildings. EXTERMINATION The control and elimination of insects, rodents and other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poisoning, spraying, fumigating or trapping; or by any other recognized and legal pest-elimination methods approved by the Commissioner of the Department of Housing and Buildings. EXTERMINATOR or PEST-CONTROL OPERATOR A person who uses insecticides, rodenticides or any other substances or mechanical devices, other than fumigants, under whatever name known, for the destruction or control of insects, vermin, rodents or other pests. FUMIGANT Includes any substance which, by itself or in combination with any other substance, emits or liberates a gas or gases, fumes or vapors and which gas or gases, fumes or vapors, when liberated and used for the destruction or control of insects, vermin, rodents or other pests, are lethal, poisonous, noxious or dangerous to human life. FUMIGATOR A person competently trained and experienced in the use of fumigants. GARBAGE The animal and vegetable waste resulting from the handling, preparation, cooking and serving of food. It is composed largely of putrescible organic matter and its natural moisture content. GUEST Any person who shares a dwelling unit in a nonpermanent status for not more than 30 days. HABITABLE ROOM A room or enclosed floor space used or intended to be used for living or sleeping or eating purposes, excluding kitchens, bathrooms, water closet compartments, laundries, pantries, foyers or communicating corridors, closets and storage spaces. HEALTH NUISANCE A nuisance which is a thing, act, occupation or use of property, premises, equipment or structure affecting the health or any considerable number of persons or the public, and shall include: A. Any nuisance specifically declared to be such by any section of this chapter; any nuisance so declared shall be considered as having been declared a nuisance by the Commissioner of the Department of Housing and Buildings. B. Any act, omission of act, occupation or use of property, equipment or structure which is deemed by the Commissioner of the Department of Housing and Buildings to be a menace to the health of the inhabitants of the City of Yonkers, New York, or any considerable number thereof. HOT RUNNING WATER Running water at a temperature of not less than 120° F. provided at the outlet at all times. INFESTATION The presence within or around a dwelling of any insects, rodents or other pests. INSECT All members of the class insects, except the orders Lepidoptera and Hymenoptera, but shall include the following orders of the class: Arachnida, Araneida and Scorpionida. INSECTICIDE Includes any substance, not a fumigant, under whatever name known, used for the destruction or control of insects or other similar pests. INSTALLED HEATING UNIT A flue-connected, flame-producing stove or heating unit, radiator, furnace register or other approved heating unit, installed in accordance with applicable laws and regulations. MAYOR The Mayor of the City of Yonkers. MULTIPLE RESIDENCE LAW The Multiple Residence Law of the State of New York, Laws of New York State of 1951, Chapter 580, as amended generally by Laws of 1952, Chapter 801, and any other amendments subsequently added. NOXIOUS FUMES Airborne colloidal systems which are formed by chemical reactions or by such processes as combustion, distillation, calcination or condensation. NOXIOUS WEEDS Any plant capable of causing an atmospheric pollution problem and/or allergic reaction or which constitutes a nuisance as defined in this section. PLACE OF HUMAN HABITATION A dwelling unit, dwelling, multiple dwelling, rooming unit, rooming house or habitable room. PROPRIETOR Any person who establishes, maintains or operates a rooming house and who collects rent from a roomer or roomers. REFUSE Solid waste. Its component material may be organic or inorganic, combustible or noncombustible or putrescible. It is made up of but not limited to garbage, rubbish, ashes, street refuse, dead animals, abandoned automobiles; as defined in Refuse Collection Practice, American Public Works Association, Second Edition. RODENTICIDE Includes any substance, not a fumigant, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. ROOMING HOUSE Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father or sister or brother or grandchildren of the owner or operator. ROOMING UNIT Any room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping and with or without cooking or eating facilities. YARD Open, unoccupied space on the same lot with a dwelling.
Section 58-4 of the Yonkers Code of Ordinances, Chapter 58, establishes the official definitions that govern how terms are interpreted throughout the chapter's housing and property maintenance rules. Key concepts—such as 'habitable room,' 'health nuisance,' 'infestation,' 'extermination,' and 'fumigant'—are given precise meanings that apply whenever those words appear in the chapter. Where a term is already defined in the New York Uniform Code, that definition controls; the local definitions fill in the gaps. These definitions set the interpretive foundation for all rights, duties, and enforcement actions that follow in the chapter.
Plain English — not legal advice.
Property owners and managers operating in Yonkers should familiarize themselves with the definitions in Chapter 58, § 58-4, because those definitions determine how compliance obligations are measured throughout the chapter. For example, the defined scope of 'extermination' and 'infestation' shapes what pest-control measures satisfy the code, and the definition of 'health nuisance' identifies the broad category of conditions the Commissioner of the Department of Housing and Buildings is empowered to act on. Compliant operators generally ensure that pest-control work is performed by qualified exterminators or fumigators as those roles are defined in § 58-4, and that all habitable rooms, rooming units, and yards meet the standards the chapter sets using these defined terms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in Yonkers dwellings benefit from the precise definitions in Chapter 58, § 58-4, because those definitions determine what conditions legally qualify as a 'health nuisance,' an 'infestation,' or a deficiency in 'hot running water,' among other standards. Understanding how terms like 'habitable room' and 'place of human habitation' are defined can help tenants recognize when a condition in their home may fall within the chapter's protections. Tenants who believe a covered condition exists may consider raising the relevant definition under § 58-4 when communicating with their landlord, filing a complaint with the City of Yonkers Department of Housing and Buildings, or reaching out to a local tenant-rights organization for guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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