Belle Terre, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-14
Presumptive evidence of use as rental property
Operative Text
A. The presence of existence of any of the following shall create a presumption that a dwelling unit is being used as a rental property: (1) The property is occupied by someone other than the owner or his/her immediate family; (2) Voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity which states that the owner of the rental property resides at an address other than the rental property; (3) Utilities, cable, phone or other services are in place or requested to be installed or used at the premises in the name of someone other than the record owner; (4) Persons residing in the dwelling unit represent that they pay rent to occupy the premises; (5) A dwelling unit which has been published as being available for rent; (6) The property is advertised as being available for rent in any medium, including, but not limited to, print publication, websites or mobile application. (7) Any two of the features enumerated in § 123-15 exist at the dwelling unit. B. The foregoing may be rebutted by evidence presented to the Chief Building Inspector or any court of competent jurisdiction.
Section 123-14 of Belle Terre's Code of Ordinances establishes a list of circumstances that, if present, legally presume a dwelling unit is being used as a rental property. These triggers include things like non-owner occupancy, utilities in a non-owner's name, public advertising of the unit for rent, or residents stating they pay rent. The presumption is not absolute — it can be challenged by presenting contrary evidence to the Chief Building Inspector or a court of competent jurisdiction.
Plain English — not legal advice.
Under § 123-14, property owners in Belle Terre should be aware that a wide range of observable conditions — such as utilities registered to a non-owner, online rental listings, or occupancy by non-family members — can trigger a legal presumption that a unit is being used as a rental. Compliant operators generally ensure that any occupancy arrangement is properly documented and permitted under local ordinances, and that advertising or service registrations accurately reflect the property's lawful use. If a presumption arises, the ordinance allows owners to rebut it by presenting evidence to the Chief Building Inspector or a court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 123-14 of Belle Terre's Code of Ordinances outlines the conditions under which a dwelling unit is presumed to be a rental property, which can be relevant to how local housing rules apply to a given living situation. Tenants who believe their unit's status is being mischaracterized — or who want to understand how their occupancy is classified — may find it useful to consult a tenant-rights organization familiar with Belle Terre's local code. The provision also notes that the presumption can be contested before the Chief Building Inspector or a court, which may be a relevant avenue depending on the circumstances.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation