Plandome Manor, N.Y., Code of Ordinances ch. 165 (eCode360 ed. 2026) § 165-3

As used in the article, the following terms shall have the meanings indicated: DWELLING UNIT A structure or building or part thereof, or any area, room, or rooms therein, occupied or to be occupied by one or more persons as a home or residence. OWNER The owner or any other person or persons or entity or entities who or which have the right to possession of a dwelling unit, except a public housing authority organized as such under the laws of the State of New York, and such other similarly situated entity as may be determined by the Building Superintendent. Under this definition, a tenant can be an owner in relation to a subtenant. RENT A return, in money, property or other valuable consideration (including payment in kind or services or other thing of value), for use and occupancy or the right to the 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 OCCUPANCY A. 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. There shall be a rebuttable presumption that any occupancy or use of a dwelling unit is a rental occupancy if the owner of the building containing the dwelling unit does not reside in the same building. A rental occupancy shall also occur where the owner of any residential building or dwelling unit allows another to occupy such residential building or dwelling unit where the owner is not also a resident. B. The presence or existence of any of the following shall create a rebuttable presumption that a premises is rented: (1) The property is occupied by someone other than the owner, and the owner 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 premises 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 that it is common knowledge in the community that a person other than the record owner resides in 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 dwelling. (9) There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms. (10) There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof. (11) The inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit. (12) Two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator. C. Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.