Monroe, N.Y., Code of Ordinances ch. 40 (eCode360 ed. 2026) § 40-23
Presumptive evidence
Operative Text
A. The presence or existence of any of the following conditions on a property that is not exempt pursuant to § 40-22.1 or that has received a permit pursuant to the requirements of this article shall create a rebuttable presumption that a property is in violation of this article. (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 dwelling. (2) Persons living on the property 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 per dwelling unit based on the certificate of occupancy and/or tax records for the premises. (6) There is more than one gas meter per dwelling unit based on the certificate of occupancy and/or tax records for the premises. (7) There is more than one electric meter per dwelling unit based on the certificate of occupancy and/or tax records for the premises. (8) There are separate entrances into the building, which appear to be used by different persons or groups of persons. (9) There are partitions or lockable internal doors which may serve to bar access between segregated portions of the same dwelling unit, including but not limited to keyed locks or padlocks on bedroom doors. (10) There exists an inability of any non-minor occupant of the dwelling unit to have unimpeded and/or lawful access to all parts of the rental dwelling. (11) The dwelling unit contains 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. This factor alone shall not be deemed presumptive where a second kitchen exists for a religious reason. (12) There are more vehicles regularly parked at the property than equal the number of total dwelling units plus the number of total bedrooms based on the certificate of occupancy and/or tax records for the premises; for example, if a property contains a single three-bedroom dwelling, there are more than four vehicles parked (one for dwelling plus three for bedrooms); for further example, if a property contains an efficiency/studio, a one-bedroom unit and a two-bedroom unit, there are more than six vehicles parked (three for dwellings plus three for bedrooms).
Section 40-23 of Monroe, N.Y., Code of Ordinances Chapter 40 establishes a list of observable conditions that, when present at a non-exempt rental property, legally shift the burden of proof: their existence is treated as presumptive evidence that the property is being used in violation of the article's requirements. These conditions range from physical indicators—such as multiple mailboxes, meters, or kitchens beyond what the certificate of occupancy allows—to behavioral ones, like occupants paying rent or utilities registered in names other than the record owner's. Because the presumption is 'rebuttable,' a property owner can still offer evidence to counter it, but the burden of doing so falls on them once any listed condition is identified.
Plain English — not legal advice.
Operators of rental properties subject to Monroe, N.Y., Code of Ordinances ch. 40 § 40-23 generally ensure that the physical configuration and documented use of their properties align with the certificate of occupancy and tax records on file. Compliant operators typically avoid conditions such as extra meters, additional mailboxes, secondary kitchens (outside of recognized religious accommodations), internal lockable partitions that restrict occupant access, or vehicle counts that exceed the formula outlined in § 40-23(A)(12). Keeping written records, utility accounts, and occupancy arrangements consistent with official property documentation helps avoid triggering any of the listed rebuttable presumptions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Monroe, N.Y., Code of Ordinances ch. 40 § 40-23, tenants living in a property where these listed conditions exist may find that the property is subject to a code-violation proceeding, which could affect their housing situation. Tenants who believe their landlord is operating an unlawful rental arrangement—or who are concerned about conditions at their property—may consider contacting the Town of Monroe's code enforcement office to understand how this article applies. Tenant-rights organizations familiar with New York housing law can also help explain what rights occupants retain when a property is found to be in violation under § 40-23.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation