Babylon Town, N.Y., Code of Ordinances ch. 153 (eCode360 ed. 2026) § 153-28
Prohibitions
Operative Text
A. It shall be unlawful for the owner or person in charge of any property within the Town of Babylon, to allow, permit or suffer the existence of more dwelling units than permitted by the certificate of occupancy for said property. It shall be immaterial whether the dwelling units are occupied or vacant. B. It shall be unlawful for any person to allow, permit or suffer the existence of an accessory apartment and/or accessory kitchen without first obtaining and maintaining a valid accessory apartment permit or accessory kitchen permit. C. The presence or existence of any of the following shall create a rebuttable presumption that a premises is occupied by more dwelling units than permitted by the certificate of occupancy: (1) Multiple persons living in premises represent that they are not the owner and/or pay rent to the owner of the premises. (2) Utilities, cable, phone or other services are in place or requested to be installed or used at the premises by multiple dwelling units. (3) Testimony by a witness that it is common knowledge in the community that multiple family units exist in premises. (4) There is more than one mailbox at the premises. (5) There is more than one gas meter at the premises. (6) There is more than one electric meter at the premises. (7) There are separate entrances for segregated parts of the dwelling. (8) There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms. (9) There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof. (10) The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit. (11) Two or more kitchens or one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator. D. Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.
Section 153-28 of Babylon Town's Code of Ordinances makes it unlawful for any property owner or person in charge of a property to allow more dwelling units to exist on a property than are authorized by that property's certificate of occupancy, regardless of whether those units are occupied or vacant. Accessory apartments and accessory kitchens are also prohibited unless a valid permit has been obtained and kept current. The provision establishes a list of physical and circumstantial conditions—such as multiple meters, separate entrances, multiple mailboxes, or separate lease arrangements—that can serve as rebuttable presumptions that unauthorized dwelling units exist, though these presumptions can be challenged. Persons living together as a family unit with the owner are explicitly excluded from this prohibition.
Plain English — not legal advice.
Under § 153-28, compliant property owners in the Town of Babylon ensure that the number of dwelling units on their property never exceeds what is authorized by the certificate of occupancy, whether or not those units are currently occupied. Operators who wish to maintain an accessory apartment or accessory kitchen obtain and keep current the required accessory apartment or accessory kitchen permit before allowing such a space to exist. Landlords are also aware that common physical features—such as multiple utility meters, separate entrances, additional mailboxes, or separate lease arrangements—can trigger a rebuttable presumption of an unauthorized unit under this section, making it important to keep property configurations consistent with permitted uses.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 153-28 establishes that tenants living in a unit that exceeds the number of dwelling units permitted by the property's certificate of occupancy may be residing in an unlawfully configured space, which can have implications for habitability and legal protections. Tenants who suspect their unit lacks proper authorization—for example, because it appears to be an unpermitted accessory apartment—may consider contacting the Town of Babylon's code enforcement office to inquire about the property's certificate of occupancy status. Tenant-rights organizations familiar with Babylon Town's housing code can help individuals understand what options may be available when a rental unit does not comply with § 153-28.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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