Irondequoit, N.Y., Code of Ordinances ch. 177 (eCode360 ed. 2026) § 177-12
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
A. Within the context of this chapter, the presence or existence of any one of the following shall create a rebuttable presumption that a premises is being used as a rental property or a rental dwelling unit: (1) There exists a written or oral lease or rental arrangement, payment or agreement for all or any portion of any building or structure located on the property by and between the owner and any tenants, occupants and/or other persons or entities in possession thereof. (2) The property is occupied by someone other than the owner, and the owner represents in writing or otherwise, to any person or establishment, business, institution or government agency, that the owner resides at an address other than the rental property. (3) Utilities, cable, phone or other services are in place or requested to be installed or used at the premises or any portion thereof in the name of someone other than the owner. (4) There are separate entrances for segregated parts of any building or structure located on the property. (5) There are partitions or internal doors which may serve to bar access between segregated portions of any building or structure located on the property, including but not limited to bedrooms. (6) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all dwelling units in a building or structure. (7) Two or more complete dwelling units, as defined herein or in the Residential Code of New York State, exist in any building or structure located on the property. (8) A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent. B. The presumptions set forth above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of illegal residential use and occupancy violations under other articles of the Town Code. C. Nothing herein shall be construed to prevent persons living together with any owner as a two-family unit as defined by the Town Code.
Section 177-12 of Irondequoit's Code of Ordinances establishes a list of circumstances that, if present, legally suggest a property is being used as a rental — even without a formal lease. These are called 'rebuttable presumptions,' meaning the owner can challenge the assumption with contrary evidence. The listed indicators include things like utilities in a non-owner's name, separate entrances, multiple dwelling units, or rental advertisements. The same presumptions can also be applied when enforcing other illegal residential use and occupancy violations under the Town Code, though the provision explicitly protects arrangements where an owner and others share a home as a two-family unit as defined by Town Code.
Plain English — not legal advice.
Under § 177-12, property owners in Irondequoit should be aware that a wide range of observable conditions — such as utilities registered to a non-owner, separate entrances, internal partitions limiting access, or online and print rental listings — can trigger a legal presumption that a property is a rental subject to registration requirements. Compliant operators generally ensure their properties are properly registered whenever any of these indicators are present, and they maintain documentation that can rebut any presumption if the property's use is mischaracterized. Owners of multi-unit or shared-occupancy properties in particular benefit from understanding how § 177-12's presumptions interact with other Town Code provisions on illegal residential use.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 177-12 outlines the conditions under which Irondequoit authorities may presume a property is being rented, which is relevant to tenants because it underpins the town's rental registration enforcement framework. If a property lacks proper registration despite these indicators being present, tenants may have grounds to raise that non-compliance in relevant proceedings or report concerns to the appropriate Town of Irondequoit enforcement office. Tenant-rights organizations familiar with Monroe County housing law can help residents understand how § 177-12's presumptions may affect their specific housing situation.
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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