Belle Terre, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-1

As used in this chapter, the following terms shall have the meanings indicated: CHIEF BUILDING INSPECTOR The Chief Building Inspector of the Village of Belle Terre or his/her designee. DWELLING UNIT As defined in § 170-1 . FAMILY One of the following: A. One, two or three persons occupying a dwelling unit; or B. Four or more persons occupying a dwelling unit and living together as a family or the functional equivalent of a family. (1) Evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal custody shall create a rebuttable presumption that such persons do not constitute the functional equivalent of a family. (2) The foregoing presumption may be rebutted by submitting evidence to the Chief Building Inspector that all of the following are present: (a) The group is one which in theory, size, appearance, structure and function resembles a traditional family unit; (b) The occupants share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which various occupants act as separate roomers is not deemed to be occupied by the functional equivalent of a family; (c) The group shares expenses for food, rent or ownership costs, utilities and other household expenses; (d) The group is permanent and stable. Evidence for such permanency and stability may include: [1] The presence of minor dependent children regularly residing in the household who are enrolled in local schools; [2] Members of the household have the same address for purposes of voter registration, driver's license, motor vehicle registration and filing of taxes; [3] Members of the household are employed in the area; [4] The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units; [5] There is common ownership of furniture and appliances among the members of the household; and [6] The group is not transient or temporary in nature. (e) Any other factor reasonably related to whether the group is the functional equivalent of a family. (3) An appeal from the Chief Building Inspector's determination may be taken to the Zoning Board of Appeals, by written request, within 30 days of such determination. The Zoning Board of Appeals shall hold a public hearing on such appeal within 30 days after receipt of written notice of such appeal and, after such hearing, shall make written findings and a decision either sustaining or reversing such determination within 30 days after close of such public hearing. IMMEDIATE FAMILY The owner's spouse, children, parents, siblings, grandparents, grandchildren or those under legal guardianship. MANAGING AGENT Any person, individual, business, partnership, firm, corporation, enterprise, trust, trustee, company, industry, association, public entity, attorney, real estate broker, real estate agent or other legal entity responsible for: the maintenance of, collection of rent, establishment of utility accounts, or operation of any rental property as defined within this chapter. OWNER Any person, individual, association, entity or corporation whose name is listed as grantee on the last deed of record for the property, as recorded with the Suffolk County Clerk. In addition, any sole and/or joint owners who do not appear on the deed of record as recorded with the Suffolk County Clerk who hold legal title to any premises, with or without actual possession thereof by means of possession of shares, as executor, as administrator, as trustee, as guardian of estates, or as a mortgagee in possession, with title, or demonstrating control over a dwelling unit. This shall include but not be limited to banks and lending institutions, regardless of how possession or title has been obtained. PERSON Includes any individual, managing agent, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity or other legal entity. PUBLISH Promulgation of an available rental property to the general public or to selected segments of the general public, in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign or electronic media. RENEWAL RENTAL PERMIT A permit which is to be issued to the owner of the rental property where such dwelling unit has been the subject of a rental permit continuously prior to the date of the application for the permit. RENT A return, in money, property or other valuable consideration (including payout in kind or services or other thing of value), for the use and occupancy or the right to the use and occupancy of a rental property, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL PERMIT A permit issued by the Chief Building Inspector issued to the owner to allow the use or occupancy of a rental property. RENTAL PROPERTY A dwelling unit which is occupied for habitation as a residence by persons other than the owner or the owner's immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation. For purposes of this chapter, the term "rental property" shall mean all non-owner-occupied single-family residences. TENANT An individual who rents, leases, subleases, uses or occupies a rental property. TRANSIENT A rental period of 29 days or less. USE OF RENTAL PROPERTY Includes habitation and/or occupation of a rental property.