Sea Cliff, N.Y., Code of Ordinances ch. 98 (eCode360 ed. 2026) § 98-9
Presumptions; exemption
Operative Text
A. The presence or existence of any of the following factors shall create a rebuttable presumption that a residential dwelling unit is rented: (1) The unit is occupied by someone other than the owner or a member of the owner's family, and the owner of the property represents, in writing or otherwise, to any person or entity that such owner resides at an address other than the rental property; (2) One or more persons residing in the dwelling unit represents that such person, or one or more other persons, pay rent to the owner of the premises; (3) Utilities, cable television, 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) A sworn statement or testimony by a person having knowledge of the facts that it is common knowledge in the community that a person other than the record owner or a member of the family of the record owner resides in the unit; (5) There is more than one mailbox at the premises; (6) There is more than one electric, water or gas meter at the premises; (7) There are separate entrances for distinctly separate portions of the building at the premises; (8) There are internal partitions or internal doors which may serve to bar access between separate portions of the dwelling used for residential purposes, including but not limited to bedrooms; (9) There exists a written or oral lease or rental arrangement, payment or other agreement for occupancy of portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof; (10) One or more occupant of the premises does not have unimpeded and/or lawful access to all parts of the premises; (11) There are two or more kitchens at the premises, 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. B. A dwelling unit occupied by an owner of the property, or by one or more persons all of whom are members of the family of such owner, as the term "family" is defined by the zoning regulations of the Village, shall be exempt from the provisions of this chapter. However, a dwelling unit occupied by one or more persons who is not the owner of the premises, nor a member of the family of such owner as such term is so defined, shall not be exempt from the provisions of this chapter, and shall be presumed to be subject to the registration and permit requirements of this chapter. C. A rental dwelling unit owned or operated by a governmental agency or authority, or a rental dwelling unit the use and occupancy of which is licensed or regulated by an agency of the State of New York, is exempt from the registration and permit requirements of this chapter.
Sea Cliff, N.Y., Code of Ordinances ch. 98 § 98-9 establishes a list of observable conditions—such as separate entrances, multiple kitchens, utilities in a non-owner's name, or a tenant's statement that rent is paid—that legally presume a dwelling unit is being rented, even without a formal lease. That presumption can be challenged with contrary evidence, but it shifts the burden onto the property owner. Units occupied solely by the owner or qualifying family members are exempt from the chapter's requirements, as are units owned or operated by a government agency or regulated by a New York State agency.
Plain English — not legal advice.
Under ch. 98 § 98-9, a wide range of physical and documentary conditions at a property can trigger a legal presumption that a unit is rented and therefore subject to the Village's registration and permit requirements. Compliant operators generally ensure that any unit occupied exclusively by the owner or family members meeting the Village's zoning definition of 'family' is clearly documented as such, and they maintain records that can rebut any of the eleven listed presumptions if questioned. Operators of government-owned or state-regulated rental units should confirm whether their specific exemption under § 98-9(C) applies before assuming registration is unnecessary.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 98-9 of Sea Cliff's Code of Ordinances provides that common, observable facts—such as paying rent, having a separate entrance, or having utilities in a tenant's name—are enough to establish that a unit is legally considered a rental subject to Village oversight. Tenants who believe their unit should be registered under this chapter but is not may raise that issue with Village officials or consult a tenant-rights organization familiar with Nassau County housing regulations. Understanding which conditions create a presumption of rental status under § 98-9 can be relevant when navigating questions about a unit's compliance with local registration requirements.
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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