Ossining, N.Y., Code of Ordinances ch. 162 (eCode360 ed. 2026) § 162-20
Prosecutions for illegal residential occupancies and overcrowding in dwelling units
Operative Text
In all civil and criminal prosecutions brought for the enforcement of the provisions of the Uniform Code, the State Energy Code, and the laws of the State of New York, the laws of the County of Westchester and the Village of Ossining Code with respect to the illegal use of any building for residential purposes or the illegal residential occupancy of any dwelling or dwelling unit by more families than the number of families permitted for such dwelling or dwelling units pursuant to code, the following rebuttable presumptions shall apply: A. That any detached dwelling or dwelling unit which maintains more than one mailbox or mail receptacle, more than one gas meter, more than one electric meter, and/or more than one water meter is being used as the residence for two or more families. B. That any detached dwelling or dwelling unit which contains two or more mailboxes or mail receptacles, more than two gas meters, more than two electric meters and/or more than two water meters is being used as the residence for three or more families. C. That any detached dwelling or dwelling unit which maintains any entrance or entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department is being used as the residence of two or more families. D. That any detached dwelling or dwelling unit which maintains any third or additional entrances thereto, which entrance or entrances have not been set forth on any plans approved by and on file with the Building Department, is being used as the residence of three or more families. E. That any single-family dwelling or dwelling unit where the following are present is being used for two or more families: (1) Permanent partitions or internal doors which are not on any plans approved by and on file with the Building Department, which partitions or internal doors may serve to bar access between portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession to have unimpeded and/or lawful access to all parts of the dwelling unit; and/or (2) Two or more kitchens which are not on any plans approved by and on file with the Building Department, each kitchen containing one or more ranges, ovens, microwaves or similar devices used for cooking or preparation of foods. F. That any two-family dwelling units where the following are present are being used for three or more families: (1) Permanent partitions or internal doors which are not on any plans approved by and on file with the Building Department, which partitions or internal doors may serve to bar access between three or more segregated portions of the dwelling, including but not limited to bedrooms; and/or (2) Three or more kitchens which are not on any plans approved by and on file with the Building Department, each kitchen containing one or more ranges, ovens, microwaves or similar devices used for cooking or preparation of foods.
Ossining, N.Y., Code of Ordinances ch. 162 § 162-20 establishes a set of rebuttable presumptions that courts and enforcement authorities may apply in civil or criminal cases involving alleged illegal residential occupancy or overcrowding. When certain physical conditions exist in a dwelling—such as multiple utility meters, extra mailboxes, unapproved entrances, blocked internal access, or unapproved kitchens—the law presumes that more families are living there than the property is permitted to house. These presumptions are 'rebuttable,' meaning the property owner or occupant can present evidence to counter them, but the burden of doing so falls on the party challenging the presumption.
Plain English — not legal advice.
Property owners and managers operating in Ossining should be aware that under ch. 162 § 162-20, physical features of a dwelling—including the number of utility meters, mailboxes, entrances, internal partitions, and kitchens—can trigger legal presumptions of illegal multi-family occupancy in enforcement proceedings. Compliant operators generally ensure that any structural modifications, additional entrances, or kitchen installations are reflected in plans approved by and on file with the Building Department. Keeping utility accounts, mailbox configurations, and building plans consistent with the property's permitted occupancy classification is a common practice for avoiding the conditions that activate these presumptions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Ossining, N.Y., Code of Ordinances ch. 162 § 162-20, tenants living in a dwelling that has unapproved structural features—such as extra meters, blocked internal doors, or unapproved kitchens—may find that their unit is subject to enforcement action for illegal occupancy. If a tenant believes their housing situation involves code violations or that they are being displaced as a result of enforcement under this provision, tenant-rights organizations and local legal aid services can help explain available options. Tenants may also contact the Village of Ossining's Building Department to understand the approved occupancy status of their dwelling.
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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