2023 New York Laws › VIL - Village › 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
* 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.