Cedarhurst, N.Y., Code of Ordinances ch. 196 (eCode360 ed. 2026) § 196-18
Presumptive evidence dwelling unit is rented
Operative Text
A. Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a presumption that a premises is being used as a rental occupancy: (1) The dwelling unit is occupied by someone other than the owner and the owner of the dwelling unit represents, in writing or otherwise, to any person, establishment, business, institution or government agency, that the owner resides at an address other than the dwelling unit in question. (2) Persons residing in the dwelling unit represent that they pay rent to the owner of the premises or the tenant of the premises. (3) Utilities, cable, telephone or other services are in place or are requested to be installed or used at the dwelling unit in the name of someone other than the owner. B. All of the foregoing may be rebutted by evidence presented to the Code Enforcement Officer or any court of competent jurisdiction.
Section 196-18 of Cedarhurst's Code of Ordinances establishes a set of circumstances that, in the context of rental registration enforcement, are treated as presumptive evidence that a dwelling unit is being used as a rental. These circumstances include an owner claiming a different home address in writing or otherwise, occupants stating they pay rent, or utilities and services being registered in someone other than the owner's name. The presumption is not conclusive — any of these indicators can be rebutted by presenting contrary evidence to the Code Enforcement Officer or a court of competent jurisdiction.
Plain English — not legal advice.
Under § 196-18, property owners in Cedarhurst should be aware that certain everyday facts — such as having utilities listed in a tenant's name, or representing a different home address to a bank or government agency — can trigger a legal presumption that a unit is being rented, which may be used in rental registration enforcement proceedings. Compliant operators generally ensure their rental units are properly registered so that these presumptions do not become the basis for a violation. When a presumption does arise, § 196-18(B) allows the owner to present rebuttal evidence directly to the Code Enforcement Officer or in court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 196-18 is primarily a tool used by Cedarhurst in enforcement actions against property owners, but it also reflects the village's recognition that occupants paying rent are a key indicator of a rental relationship. Tenants may find this provision relevant if questions arise about whether their unit is lawfully registered, since the circumstances described — such as paying rent or having utilities in their name — can be used to establish that a rental arrangement exists. Tenants who have concerns about whether their unit is properly registered under Cedarhurst's rental registration rules may wish to contact the village's Code Enforcement Office or consult a tenant-rights organization for general guidance.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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