Valley Stream, N.Y., Code of Ordinances ch. 46A (eCode360 ed. 2026) § 46A-15
Presumptive evidence of owner's residence
Operative Text
A. It shall be presumed that an owner of a rental property does not reside within said rental property if any of the following sets forth an address other than that of the rental property: (1) Voter registration; (2) Motor vehicle registration; (3) Driver's license; or (4) Any other document filed with a public or private entity. B. The foregoing may be rebutted by evidence presented to the Superintendent of Buildings Department or any court of competent jurisdiction.
Valley Stream Code § 46A-15 establishes a legal presumption about whether a rental property owner actually lives at the property they rent out. If official records — such as voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity — list an address other than the rental property, the law presumes the owner does not reside there. This presumption is not absolute; an owner may present evidence to the Superintendent of Buildings or a court to rebut it.
Plain English — not legal advice.
Under § 46A-15, property owners who claim owner-occupancy status should be aware that official records listing a different home address can trigger a legal presumption that they do not live at the rental property. Compliant operators generally ensure that documents such as voter registration, vehicle registration, and driver's licenses are consistent with any owner-occupancy claim they make. When a discrepancy exists, the ordinance provides a formal path — presenting rebuttal evidence to the Superintendent of Buildings Department or a court — to contest the presumption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 46A-15 gives tenants and enforcement authorities a concrete tool for questioning whether a landlord truly resides at a rental property, which may be relevant to local owner-occupancy rules or exemptions. If official records on file with public or private entities show the owner's address as somewhere other than the rental unit, the law presumes non-residency by default. Tenants who believe an owner-occupancy claim is being made improperly may raise this provision before the Superintendent of Buildings Department or in a court proceeding, and tenant-rights organizations can help explain how this presumption fits into a broader housing dispute.
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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