East Hampton, N.Y., Code of Ordinances ch. 199 (eCode360 ed. 2026) § 199-1-4
Presumptive evidence dwelling unit is being used as rental property or seasonal rental property
Operative Text
A. The presence or existence of any of the following shall create a presumption that a dwelling unit is being used as a rental property or seasonal 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 or seasonal rental property resides at an address other than the rental property or seasonal 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 or lease. B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
East Hampton Code § 199-1-4 establishes a set of circumstances that, if present, legally suggest a dwelling unit is being used as a rental or seasonal rental property. These circumstances include occupancy by non-owners, utilities or services registered to someone other than the record owner, residents who state they pay rent, and public listings advertising the unit for rent or lease. The presumption is not absolute — it can be challenged by presenting contrary evidence to the enforcement authority or a court.
Plain English — not legal advice.
Under § 199-1-4, property owners in East Hampton should be aware that everyday observable conditions — such as having utilities in a tenant's name, a listing on a rental platform, or occupancy by non-family members — can trigger a legal presumption that the property is operating as a rental. Compliant operators typically ensure that any rental activity is properly registered and documented in accordance with the broader Chapter 199 requirements. If a presumption arises incorrectly, the code does allow owners to present rebuttal evidence to the enforcement authority or a court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 199-1-4 of the East Hampton Code outlines conditions that authorities may use to identify a dwelling as a rental unit, which can be relevant when enforcement questions arise about a property's status. Tenants may find this provision significant if there is any dispute about whether their unit is subject to rental regulations, since the listed factors — such as paying rent or having services in one's own name — are recognized indicators of a rental arrangement. Those with questions about how this provision affects their housing situation may benefit from consulting a local tenant-rights organization or legal aid service familiar with East Hampton's ordinances.
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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