Flower Hill, N.Y., Code of Ordinances ch. 176 (eCode360 ed. 2026) § 176-12
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
A. Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a property is being used for rental occupancy: (1) The property is occupied by someone other than the owner of the property, and the owner of the property represents in any manner that he or she resides at an address other than the subject property; (2) 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 owner; (3) There are separate entrances for segregated parts of the dwelling; (4) There are partitions and/or internal doors with locks that may serve to bar access portions of the dwelling, including, but not limited to, bedrooms; (5) There is a written or oral lease or other rental agreement for all or portions of a building; (6) Any occupant or person in possession of a residential building does not have unimpeded access to all parts of the residential building; (7) A premises has been advertised as being available for rent; (8) There is more than one mailbox, gas meter, and/or electric meter at the premises; (9) There are more than two motor vehicles registered to the premises and the registered owners of not less than three of such motor vehicles have different surnames. B. Nothing herein shall be construed to prevent persons living together as a family unit with the owner.
Section 176-12 of Flower Hill, N.Y., Code of Ordinances ch. 176 establishes a list of observable conditions—such as a non-owner occupant, utilities in another person's name, separate locked entrances, a lease agreement, or multiple mailboxes—that legally suggest a property is being used as a rental. Each condition creates a 'rebuttable presumption,' meaning the property is treated as a rental for enforcement purposes unless the owner demonstrates otherwise. The provision also clarifies that people living together as a family unit with the owner are not affected by these presumptions.
Plain English — not legal advice.
Under § 176-12, enforcement officials in Flower Hill may rely on physical and documentary evidence—such as separate entrances, locks on interior doors, multiple utility meters, or online rental listings—to presume that a property is subject to rental registration requirements. Operators who are in compliance generally ensure their properties are properly registered before any such conditions are present and maintain documentation that can rebut a presumption if one arises. Being proactive about registration under ch. 176 is the standard practice for avoiding enforcement actions based on these observable factors.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 176-12 describes the kinds of conditions that local officials in Flower Hill may use to determine whether a property is being rented out, which is relevant to whether the property should be registered under ch. 176. If a tenant believes their housing situation is affected by the landlord's failure to register a rental property, tenant-rights organizations or local housing offices can help explain what options may be available. Tenants may also wish to consult with a housing attorney to understand how the rebuttable presumption framework under this provision could relate to their specific living arrangement.
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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