Patchogue, N.Y., Code of Ordinances ch. 336 (eCode360 ed. 2026) § 336-3

A. Definitions. As used in this article, the following terms shall have the meanings indicated: BOARDINGHOUSE or ROOMING HOUSE (1) A building that provides sleeping accommodations, with or without compensation, for 16 or fewer persons, on either a transient or permanent basis, with or without meals, but without permanent cooking facilities for individual occupants. (2) It shall be presumed that a building is being used as a boardinghouse or rooming house if any two or more of the following features or states of facts are found to exist by the Building Inspector or any person authorized to enforce or investigate violations of Chapter 435 of the Code of the Village of Patchogue or any laws, codes, rules or regulations of the State of New York or from other competent evidence: (a) Separate written or oral leases or rental arrangements, payments or agreements for portions of the building among its owner(s) and occupant(s); (b) The inability of any occupant to have lawful access to all parts of the building; (c) That the structure shows evidence of an entrance(s) that is not set forth on plans maintained or approved by the Building and Housing Department and that the Building Inspector has cause to believe is unauthorized. (d) Partitions or internal doors with or without keyed locks that may serve either to bar access between segregated portions of the building, or to subdivide existing bedrooms into separate bedroom spaces, including but not limited to a basement, living room or bedroom(s); (e) Two or more kitchens, or kitchen-type areas, each of which contains a range, oven, refrigerator, microwave or other cooking apparatus; (f) The installation or use of portable kitchen appliances, including but not limited to hotplates, microwaves or a refrigerator in bedrooms or other nonkitchen areas; (g) The conversion of nonhabitable space or habitable space to bedroom space or additional bedroom space; (h) Used or available parking spaces in excess of 10% of the total lot area; (i) Two or more electrical meters; or (j) Two or more mailboxes and/or mail slots; (k) Two or more satellite dishes; (l) Evidence that garbage, septage or water usage exceeds the reasonable estimate of such use for the use permitted for the premises; (m) Two or more gas meters; (n) Two or more water meters; (o) Two or more motor vehicles routinely parked overnight upon or adjacent to the dwelling lot that are registered to persons with different surnames; or (p) The dwelling has been advertised in any newspaper, magazine, circular, local advertising publication, or by electronic realty or realtor advertising, as being available for sale or rent, which advertisement provides: [1] That such dwelling contains rooms for rent, numbers of dwelling units available, or that the dwelling may be occupied by more than one separate family; or [2] That the property is being used as a dwelling containing rental units, or the number of rooms for rent, dwelling units available or multifamily accommodation; and [3] Such advertising is contrary to the authorized number of rooms or dwelling units for the premises, or is contrary to the use authorized for the premises. (3) The presumption raised by proof of the existence of any of the conditions identified in Subsection (2) hereof may be rebutted in a court of competent jurisdiction by conclusive evidence that such condition does not exist or that such condition complies with the Village Code or is otherwise authorized. BUILDING AND HOUSING DEPARTMENT The Building and Housing Department of the Village of Patchogue or any agent or officer of such Department. BUILDING INSPECTOR The Building Inspector of the Village of Patchogue or any person duly appointed as such Inspector. CODE ENFORCEMENT OFFICER The Building Inspector, Housing Inspector, any Fire Marshal, Fire Inspector or Chief of the Fire Department, or their delegates or assistants. CONVENTIONAL BEDROOM A room designed as a bedroom or, as in the case of a studio apartment, a common room used for sleeping purposes. Rooms having other purposes, such as dens, living rooms or hallways, are not to be interpreted as "conventional bedrooms." A room may not be converted to a conventional bedroom without the permission of the Building and Housing Department. DWELLING, MULTIPLE A building or portion thereof designed for or occupied by three or more families living independently of each other. DWELLING, ONE-FAMILY A building designed and authorized for exclusive occupancy as a home or residence for not more than one family, which building shall have not more than one kitchen. DWELLING, TWO-FAMILY A building designed and authorized for exclusive occupancy as a home or residence for not more than two families living independently of each other, which building shall have at least, but not more than, two kitchens. DWELLING UNIT A structure or building used as a one-, two- or three-family dwelling or a multiple-apartment unit, condominium or cooperative, occupied or to be occupied by one or more persons as a home or residence with separate kitchen facilities per dwelling unit. FAMILY One or more persons related by blood, adoption or marriage, or a domestic partnership, living and cooking together as a single housekeeping unit, or a number of persons, not so related, but the factual and functional equivalent of the same, living and cooking together as a single housekeeping unit and as a relatively permanent household, and not as a framework for transients or transient living. IMMEDIATE FAMILY Persons related to the family of the owner of a dwelling unit, to include: the owner's spouse, children, parents, grandparents, grandchildren or their functional equivalent, and no others. KITCHEN Any assembly of cabinets, appliances, countertops or plumbing used in connection with the storage, preparation or cooking of food. NEW PERMIT A permit that is issued to the owner of an intended rental dwelling unit where such premises do not possess a rental permit that is valid and in force prior to the date that the application is submitted for said rental permit. NONCONFORMING BUILDING OR USE One that does not conform to the applicable building, zoning or other relevant regulations of the district in which it is situated. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, rest, dressing, locker, storage, utility, heater, boiler and recreation rooms, closets and other space for service and maintenance of the building, and those spaces used for access and vertical travel between stories and specifically excluding any rooms used for sleeping, eating and cooking, other than kitchenettes. The presence of a bed or bed frame in a room is presumptive evidence that the room is being used for sleeping purposes. OWNER Any person, partnership, corporation or other entity who, alone or jointly with others, shall have legal title to any premises, with or without accompanying actual possession thereof; or who shall have charge, care or control of any dwelling unit as a cooperative shareholder or as executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, title or control; including but not limited to a bank or lending institution, regardless of how such possession, title or control was obtained. OWNER OCCUPIED Occupation of a dwelling unit, other than a multiple-apartment unit, condominium or cooperative, by the owner and/or his immediate family. RENEWAL PERMIT A permit that is issued to the owner of a rental dwelling unit where such premises does possess a rental permit that is valid and in force prior to the date that the application is submitted for said rental permit. RENT A return in money, property or other valuable consideration (including payment in kind or for services or other thing of value) for use and occupancy or the right to use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy as a one-, two- or three-family dwelling or multiple-apartment unit or condominium or cooperative, under or by virtue of a rental or lease agreement, verbal or written, or where any sum or thing is paid for occupancy or a charge is made for use and/or occupancy, or where occupancy is pursuant to a contract of sale or installment payment contract, or free of payment by the occupant where payment is made by another individual, organization or agency, or any other occupancy or arrangement for charge of any kind. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. A renter or lessee subletting or reassigning any part or all of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor for, and shall assume and have joint responsibility over, the portion of the premises sublet or assigned by said lessee. RENTAL OCCUPANCY PERMIT A permit which is issued upon application by the Building and Housing Department for a rental dwelling unit. RENTAL OCCUPANCY REGISTRATION The registration of a rental dwelling unit on a form that is approved by the Building and Housing Department. B. Word usage. Words used in the singular number shall include the plural, and vice versa; the word "shall" is mandatory.