GroundRules
← Search the law
New York · Through 2026-09-11

N.Y. Village Law § 3-300: Eligibility for election or appointment to, and continuance in office

Read at publisher ↗
Where this section sits in the code
  1. Village Law
  2. Article 3. Officers and Elections

§ 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.

* 36. 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 Croton-on-Hudson, Westchester

county, may, by resolution, provide that the office of assistant village

engineer 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, an adjoining county within the state of New York, or within

Dutchess county.

* NB There are 2 sb 36's

* 36. 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 Baxter Estates, Nassau 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 Nassau or in an adjoining county within the state of New York.

* NB There are 2 sb 36's

Collected 2026-09-14T19:32:45Z. Source file · JSON

Browse this collection