Belle Terre, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-16
Presumptive evidence of owner's residence
Operative Text
A. It shall be presumed that an owner of a rental property does not reside within said rental property if any of the following sets forth an address other than that of the rental property: (1) Voter registration; (2) Motor vehicle registration; (3) Driver's license; or (4) Any other document filed with a public or private entity. B. The foregoing may be rebutted by evidence presented to the Chief Building Inspector or any court of competent jurisdiction.
Under Belle Terre, N.Y., Code of Ordinances ch. 123 § 123-16, a legal presumption arises that a rental property owner does not actually live at the rental property if official records — such as voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity — list a different address. This presumption is not absolute; it can be challenged by presenting contrary evidence to the Chief Building Inspector or a court of competent jurisdiction. The rule effectively shifts the burden of proof onto the owner once a conflicting address appears in any such record.
Plain English — not legal advice.
Operators subject to Belle Terre, N.Y., Code of Ordinances ch. 123 § 123-16 should be aware that maintaining official records — including voter registration, vehicle registration, and driver's licenses — at an address other than the rental property creates a legal presumption of non-residency there. A compliant owner who claims to reside at a rental property generally ensures that their official documents consistently reflect that address, or retains documentation capable of rebutting the presumption before the Chief Building Inspector. Keeping organized records that demonstrate actual residency is a common practice among owners who need to establish their on-site status under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Belle Terre, N.Y., Code of Ordinances ch. 123 § 123-16 establishes a tool that may be relevant when a tenant has reason to question whether an owner truly resides at a rental property. If public or private records show the owner's address as somewhere other than the rental unit, that discrepancy creates a legal presumption of non-residency that the owner must rebut. Tenants who believe this provision is relevant to their situation may consider raising it before the Chief Building Inspector or a court of competent jurisdiction, or consulting a tenant-rights organization for general guidance on how such presumptions operate.
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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