Belle Terre, N.Y., Code of Ordinances ch. 123 (eCode360 ed. 2026) § 123-17
Presumptive evidence of over-occupancy
Operative Text
A. It shall be presumed that a bedroom is over-occupied if more than two mattresses exist in a bedroom. 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 § 123-17, the presence of more than two mattresses in a single bedroom creates a legal presumption that the room is over-occupied. This presumption is not conclusive — it can be challenged and overturned by presenting contrary evidence to the Chief Building Inspector or a court. The rule establishes a practical threshold that triggers scrutiny without automatically determining a final outcome.
Plain English — not legal advice.
Belle Terre, N.Y., Code of Ordinances ch. 123 § 123-17 means that property owners and managers should be aware that inspectors may treat a bedroom containing more than two mattresses as presumptively over-occupied. Compliant operators generally ensure that the number of mattresses in each bedroom aligns with the occupancy limits established under the village code. When an over-occupancy concern is raised, the ordinance does allow for rebuttal evidence to be submitted to the Chief Building Inspector.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Belle Terre, N.Y., Code of Ordinances ch. 123 § 123-17, a finding of over-occupancy based on mattress count is not automatically final — tenants have the right to present rebuttal evidence to the Chief Building Inspector or to a court of competent jurisdiction. If an over-occupancy determination feels inaccurate, this provision's built-in rebuttal mechanism is one avenue available for challenging it. Tenants facing such a determination may wish to consult a tenant-rights organization or legal aid service to understand what kinds of evidence are typically considered in rebuttal proceedings.
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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