N.Y.
Village Law Section 3-300
Eligibility for election or appointment to, and continuance in office
1.
In addition to any other legal requirements or prohibitions, no person shall be eligible to be elected or appointed as mayor, trustee or member of any board or commission, and, no person, if elected or appointed to such office, shall be eligible to continue to serve therein, who is not a citizen of the United States of America, at least eighteen years of age, and a resident of the village.2.
No person shall be eligible to be appointed to or to hold any other village office who: is not a citizen of the United States; is not at least eighteen years of age; except as may otherwise be provided by law, is not a village resident; and, if eligibility to or holding of such office is subject to regulation under the civil service law or any other law, does not meet the requirements of such law or laws. Notwithstanding any other provisions of law to the contrary;(a)
the board of trustees of a village may provide, in lieu of any other residency requirement imposed by law, that any appointed village officer may reside within a county in which the village is wholly or partially situated, (b) the board of trustees of a village with a population of less than three thousand may provide, in lieu of any other residency requirement imposed by law, that the village justice may reside within a county in which the village is wholly or partially situate.3.
No person shall simultaneously hold an elective and an appointive village office except that: not more than two members of the board of trustees may be members of each board and commission; members of the board of trustees may be single commissioners in charge of village departments except as provided in the zoning article in this chapter.4.
Except as is otherwise provided by law, no person shall be disqualified from holding a village office by reason of holding any public office unless such public officer could not fully discharge the duties and obligations of the village office while carrying out the duties and obligations of any such other office. * 5. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Croton-on-Hudson, Westchester county, may, by resolution, provide that the village clerk of the village of Croton-on-Hudson, Westchester county, need not be a resident of said village but must be a resident of New York state. * NB (Expired first Monday of the month following general village election, 1980) 6. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of New Square, Rockland county, may, by resolution, provide that the village justice of the village of New Square, Rockland county, need not be a resident of said village but must be a resident of New York state.7.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Russell Gardens, Nassau county, may, by resolution, provide that the village clerk and deputy clerk of the village of Russell Gardens, Nassau county, need not be a resident of said village, but must be a resident of New York state.8.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of New Paltz, Ulster county, may, by resolution, provide that the village clerk-treasurer and deputy clerk-treasurer of the village of New Paltz, Ulster county, need not be a resident of said village, but must be a resident of New York state.9.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of West Haverstraw, Rockland county, may, by resolution, provide that the village clerk, village justice and the village treasurer of such village, need not be residents of said village, but must be residents of New York state.10.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Saltaire, Suffolk county, may, by resolution, provide that any appointed village officer of the village of Saltaire, Suffolk county, need not be a resident of said village, but must be a resident of New York state.11.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Penn Yan, Yates county, may, by resolution, provide that the office of justice court clerk of such village may be held by a person who is not a resident of such village, provided that such person resides in the county of Yates or a county which adjoins the county of Yates.12.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Arkport, Steuben county, may, by resolution, provide that the office of clerk/treasurer of such village may be held by a person who is not a resident of such village, provided that such person resides in the county of Steuben or a county which adjoins the county of Steuben.13.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Goshen, Orange county, may, by resolution, provide that the office of treasurer of such village may be held by a person who is not a resident of such village, provided that such person resides within the county in which such village is located or in an adjoining county within the state of New York.14.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Aurora, Cayuga county, may, by resolution, provide that the office of treasurer of such village may be held by a person who is not a resident of such village, provided that such person resides within the county in which such village is located or in an adjoining county within the state of New York and may, by resolution, provide that the office of clerk of such village may be held by a person who is not a resident of such village, provided that such person resides within the county in which such village is located or in an adjoining county within the state of New York. Provided, however, the person performing the functions of village clerk in any other village shall be an elector of such village, unless otherwise provided by an act of the state legislature.15.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Islandia, Suffolk county, may, by resolution, provide that the office of village justice of such village may be held by a person who is not a resident of such village, provided that such person resides within the county in which such village is located or in an adjoining county within the state of New York.16.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Trumansburg, Tompkins county, may, by resolution, provide that the village clerk-treasurer and deputy clerk of the village of Trumansburg, Tompkins county, need not be a resident of said village, but must be a resident of New York state, provided that such person resides in the county of Tompkins or in a county which adjoins the county of Tompkins. * 17. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Honeoye Falls, Monroe county, may, by resolution, provide that the code enforcement officer and building inspector of the village of Honeoye Falls, Monroe county, need not be a resident of such village, but must be a resident of New York state, provided that such person resides in the county of Monroe or in a county which adjoins the county of Monroe. * NB There are 2 sb 17’s * 17. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Deposit, Broome and Delaware counties, may, by resolution, provide that the village clerk-treasurer, deputy clerk-treasurer and court clerk of the village of Deposit, Broome and Delaware counties, need not be a resident of said village, but must be a resident of one of the counties in which such village is located or in an adjoining county within the state of New York. * NB There are 2 sb 17’s 18. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Wellsville, Allegany county, may, by resolution, provide that the office of village justice of such village may be held by a person who is not a resident of such village, provided that such person resides in the town of Wellsville.19.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Sag Harbor, Suffolk county, may, by resolution, provide that the office of village justice of such village may be held by a person who is not a resident of such village, provided that such person resides within either the town of East Hampton or the town of Southampton within Suffolk county.20.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Haverstraw, Rockland county, may by resolution, provide that the office of assessor of such village may be held by a person who is not a resident of such village, provided that such person resides in the counties of Rockland, Westchester, Orange, or Putnam.21.
Notwithstanding the provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of West Hampton Dunes, Suffolk county, may, by resolution, provide that a constable of the incorporated village of West Hampton Dunes, Suffolk county, need not be a resident of such village, but must be a resident of the county of Suffolk, state of New York. * 22. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the village of Macedon, Wayne county, may, by resolution, provide that the clerk/treasurer of the village of Macedon, Wayne county, need not be a resident of such village, but must be a resident of New York state. * NB There are 2 sb 22’s * 22. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Penn Yan, county of Yates, may, by resolution, provide that the office of village clerk-treasurer of such village may be held by a person who is not a resident of such village, provided that such person resides in the county of Yates or in an adjoining county within the state of New York. * NB There are 2 sb 22’s 23. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the village of Macedon, Wayne county, may, by resolution, provide that the deputy clerk/treasurer of the village of Macedon, Wayne county, need not be a resident of such village, but must be a resident of New York state.24.
Notwithstanding the provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Victory, Saratoga county, may, by resolution, provide that the village clerk-treasurer of the village of Victory, Saratoga county, need not be a resident of such village, but must be a resident of the county of Saratoga, state of New York, or of a county which adjoins the county of Saratoga.25.
Notwithstanding the provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Victory, Saratoga county, may, by resolution, provide that the deputy clerk-treasurer of the village of Victory, Saratoga county, need not be a resident of such village, but must be a resident of the county of Saratoga, state of New York, or of a county which adjoins the county of Saratoga.26.
Notwithstanding the provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Aurora, Cayuga county, may, by resolution, provide that the code enforcement officer of the village of Aurora, Cayuga county, need not be a resident of such village, but must be a resident of the county of Cayuga, state of New York, or of a county which adjoins the county of Cayuga. * 27. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Fair Haven, Cayuga county, may, by resolution, provide that the office of village clerk-treasurer or deputy clerk of such village may be held by a person who is not a resident of such village, provided that such person resides in the county of Cayuga or in an adjoining county within the state of New York. * NB There are 2 sb 27’s * 27. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Mannsville, Jefferson county, may, by resolution, provide that the village clerk of the village of Mannsville, Jefferson county, need not be a resident of said village, but must be a resident of the county in which such village is located or an adjoining county within the state of New York. * NB There are 2 sb 27’s * 28. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Spring Valley, Rockland county, may, by resolution, provide that the office of village justice of such village may be held by a person who is not a resident of such village, provided that such person resides within either the town of Ramapo or the town of Clarkstown within Rockland county. * NB There are 3 sb 28’s * 28. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Mount Morris, Livingston county, may, by resolution, provide that the office of court clerk and deputy clerk/treasurer of such village need not be a resident of such village, provided that such person resides in the county of Livingston or in an adjoining county within the state of New York. * NB There are 3 sb 28’s * 28. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of St. Johnsville, Montgomery county, may, by resolution, provide that the village clerk/treasurer and code enforcement officer of the village of St. Johnsville, Montgomery county, need not be a resident of said village, but must be a resident of the county in which such village is located or an adjoining county within the state of New York. * NB There are 3 sb 28’s 29. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Airmont, Rockland county, may, by resolution, provide that the office of building inspector, fire inspector and code enforcement officers of such village may be held by a person who is not a resident of such village, provided that such person resides within Rockland county or an adjoining county within the state of New York.30.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Riverside, Steuben county, may, by resolution, provide that the village clerk/treasurer and code enforcement officer of the village of Riverside, Steuben county, need not be a resident of such village, but must be a resident of the county in which such village is located or an adjoining county within the state of New York. * 31. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Buchanan, Westchester county, may, by resolution, provide that the office of building inspector, fire inspector and code enforcement officers of such village, may be held by a person who is not a resident of such village, provided that such person resides within Westchester county or an adjoining county within the state of New York. * NB There are 2 sb 31’s * 31. Notwithstanding any provisions of this chapter or any other chapter, general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Northville, Fulton county, may, by resolution, provide that the office of treasurer, village clerk, and code enforcement officer of such village may be held by a person who is not a resident of such village, provided that such person resides within Fulton county or an adjoining county within the state of New York. * NB There are 2 sb 31’s * 32. Notwithstanding any provisions of this chapter or any other chapter, general law, local law, ordinance, or special act, the village board of trustees of the village of Scarsdale, Westchester county, may, by resolution, provide that the office of court clerk, building inspector, assistant building inspector, village clerk, assistant village clerk, village treasurer, assistant village treasurer, assessor, village engineer, or village planner of such village may be held by a person who is not a resident of such village, provided that such person resides within Westchester county or an adjoining county within the state of New York, except that the village treasurer may also reside within Dutchess county. * NB There are 3 sb 32’s * 32. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Voorheesville, Albany county, may, by resolution, provide that the office of clerk, treasurer, clerk-treasurer, deputy clerk, deputy clerk treasurer, and building inspector of the village of Voorheesville, Albany county, need not be a resident of such village, but must be a resident of the county in which such village is located or an adjoining county within the state of New York. * NB There are 3 sb 32’s * 32. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance or special act, the village board of trustees of the incorporated village of Chestnut Ridge, Rockland county, may, by resolution, provide that the village justice of the village of Chestnut Ridge, Rockland county, may be held by a person who is not a resident of such village, provided that such person resides within Rockland county. * NB There are 3 sb 32’s * 33. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Maybrook, Orange county, may, by resolution, provide that the office of village justice of such village may be held by a person who is not a resident of such village, provided that such person resides within either the town of Montgomery or the town of Hamptonburgh within Orange county. * NB There are 4 sb 33’s * 33. Notwithstanding any provisions of this chapter or other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Laurel Hollow, in the county of Nassau, may, by resolution, provide that the office of village justice and/or associate justice of such village may be held by a person who is not a resident of such village, provided that such person resides within the county of Nassau or the town of Huntington, in the county of Suffolk. * NB There are 4 sb 33’s * 33. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Cold Spring, county of Putnam, may, by resolution, provide that the village clerk/treasurer and the deputy clerk of the village of Cold Spring, Putnam county, need not be residents of such village, but shall be residents in the county in which such village is located or an adjoining county within the state of New York. Provided, however, the person performing the functions of village clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature. * NB There are 4 sb 33’s * 33. Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Otisville, Orange county, may, by resolution, provide that the village clerk/treasurer and deputy village clerk/treasurer of the village of Otisville, Orange county, need not be residents of such village, but must be residents in the county in which such village is located or an adjoining county within the state of New York. Provided, however, the person performing the functions of village clerk/treasurer and deputy village clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature. * NB There are 4 sb 33’s 34. Notwithstanding any provisions of this chapter or other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Cayuga Heights, in the county of Tompkins, may, by resolution, provide that the office of village justice and/or associate justice of such village may be held by a person who is not a resident of such village, provided that such person resides within the county of Tompkins.35.
Notwithstanding any provisions of this chapter or any other general law, local law, ordinance, or special act, the village board of trustees of the incorporated village of Portville, Cattaraugus county, may, by resolution, provide that the village clerk/treasurer of the village of Portville, Cattaraugus county, need not be residents of such village, but must be residents in the county in which such village is located or an adjoining county within the state of New York. Provided, however, the person performing the functions of village clerk/treasurer in any other village shall be a resident of such village, unless otherwise provided by an act of the state legislature.
Source:
Section 3-300 — Eligibility for election or appointment to, and continuance in office, https://www.nysenate.gov/legislation/laws/VIL/3-300 (updated Aug. 30, 2024; accessed Dec. 21, 2024).
