Sands Point, N.Y., Code of Ordinances ch. 127 (eCode360 ed. 2026) § 127-15
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
A. For purposes of this chapter, including the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used as a Rental Dwelling Unit: (1) The property occupancy is occupied by someone other than the Owner, and the Owner of the property represents in writing or otherwise, to any person, establishment, business, institution, or government agency, that he resides at an address other than the real property; (2) 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; (3) There are separate entrances for segregated parts of the Dwelling Unit; (4) There are partitions or internal doors which may serve to bar access between segregated portions of the Dwelling Unit, including but not limited to bedrooms; (5) There exists a separate written or oral lease, rental arrangement, or payment or agreement for portions of the Dwelling Unit among its Owner(s) and/or occupants and/or persons in possession thereof; (6) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the Dwelling Unit; (7) 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; (8) A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent. B. For purposes of this Chapter, including the context of rental registration enforcement and prosecutions, the presence or existence of any two of the following shall create a rebuttable presumption that a premises is being used as a Rental Occupancy: (1) There is more than one mailbox at the premises; (2) There is more than one gas meter at the premises; (3) There is more than one electric meter at the premises; (4) There is more than one doorbell at the premises; (5) There are three or more motor vehicles registered to the Dwelling Unit and each vehicle Owner has a different surname; (6) There are more than three waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a weekly garbage pickup period; or (7) The presumptions set forth in §§ 126-15(A) and 126-15(B) above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of residential illegal use and occupancy violations. (8) Nothing herein shall be construed to prevent persons living together as a family unit, with the Owner, as defined by this Code.
Section 127-15 of the Sands Point Code of Ordinances establishes two sets of observable conditions that, if present, create a legal presumption that a property is being used as a rental dwelling. Under Part A, any single listed condition—such as utilities in a non-owner's name, separate entrances, multiple kitchens, or a rental advertisement—is enough to trigger the presumption that the property is a Rental Dwelling Unit. Under Part B, any two of a second set of conditions—such as multiple mailboxes, meters, or doorbells—create a presumption of Rental Occupancy. These presumptions are 'rebuttable,' meaning the property owner can present evidence to counter them in enforcement or prosecution proceedings.
Plain English — not legal advice.
Property owners in Sands Point should be aware that Section 127-15 identifies specific physical and administrative characteristics that can trigger a legal presumption of unlawful or unregistered rental use. Compliant operators generally ensure that utilities are registered in the owner's name when the property is owner-occupied, avoid physical modifications such as added kitchens or partitioned entrances that suggest separate rental units, and refrain from advertising the property for rent without proper registration. Maintaining clear documentation of occupancy arrangements and ensuring all occupants have unimpeded access to the full dwelling can help avoid triggering the presumptions outlined in this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Section 127-15, tenants may find it useful to understand that the conditions described—such as a separate entrance, a lease arrangement, or utilities in a non-owner's name—are the kinds of factors local authorities use to identify rental occupancies for enforcement purposes. If a tenant believes their landlord is operating an unregistered rental unit in violation of Chapter 127, they may consider contacting the Village of Sands Point's code enforcement office to report the conditions. Tenant-rights organizations familiar with Nassau County housing regulations can help explain how these presumptions may affect occupants and what options may be available.
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.
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