New York Laws
Article 3 - Officers and Elections
3-300 - Eligibility for Election or Appointment To, and Continuance in Office.

§ 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

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