Huntington, N.Y., Code of Ordinances ch. 160 (eCode360 ed. 2026) § 160-23
Presumptive evidence
Operative Text
The presence or existence of any of the following shall create a rebuttable presumption that rental property or a dwelling unit is rented. Nothing herein shall be construed so as to prevent persons from living together as a family unit with the owner. (1) The property is occupied by someone other than the owner, and the owner or managing agent of the property represents in writing or otherwise, to any person or establishment, business, institution or government agency, that he resides at an address other than the rental property. (2) Persons living in the rental property or dwelling unit represent that they pay rent to the owner of the premises. (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) Testimony by a witness with personal knowledge of the facts that a person other than the record owner resides at the premises. (5) There is more than one mailbox at the premises. (6) There is more than one gas meter at the premises. (7) There is more than one electric meter at the premises. (8) There are separate entrances for segregated parts of the building. (9) There are partitions or internal doors which may serve to bar access between segregated portions of the building including but not limited to bedrooms. (10) There exists a separate written or oral lease, or rental or occupancy agreement, or payment arrangement for portions of the rental property between the owner or managing agent and the different occupants and/or tenants of the property. (11) There exists an inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the rental property or rental unit. (12) Two or more kitchens each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator.
Section 160-23 of Huntington, N.Y., Code of Ordinances ch. 160 establishes a list of physical, documentary, and testimonial circumstances that, if present, legally suggest a property is being rented out. This is called a 'rebuttable presumption,' meaning the evidence shifts the burden to the property owner to demonstrate the contrary. The provision explicitly preserves the right of people to live together as a family unit with the owner without triggering this presumption. Examples of triggering circumstances include separate utility meters, multiple kitchens, separate entrances, and written or oral rental agreements.
Plain English — not legal advice.
Under § 160-23, Huntington property owners and managing agents should be aware that common physical features of a property — such as multiple electric or gas meters, separate entrances, or more than one kitchen — can serve as presumptive evidence that a unit is being rented. Compliant operators typically ensure that any rental activity is properly registered and permitted under local law, and that representations made to government agencies, businesses, or institutions about their own residence are accurate and consistent. Owners who share their home with family members should understand that the provision includes a carve-out for family cohabitation with the owner, but that other listed conditions may still be evaluated by enforcement authorities.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 160-23 of ch. 160 is relevant to tenants because it defines the kinds of evidence — such as paying rent, having utilities in a non-owner's name, or occupying a space with a separate entrance — that can establish a rental relationship under Huntington law. Tenants who believe their living arrangement is being mischaracterized, or who face disputes about whether a rental relationship legally exists, may find this provision useful as a reference point when communicating with local housing authorities. Tenant-rights organizations familiar with Huntington's rental regulations can help explain how this presumption framework may apply in various housing contexts.
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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