Watertown, N.Y., Code of Ordinances ch. 177 § 177-12
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
A. Within the context of this article, the presence or existence of any one of the following shall create a rebuttable presumption that a premises is being used as a rental property or a rental dwelling unit: (1) There exists a written or oral lease or rental arrangement, payment or agreement for all or any portion of any building or structure located on the property by and between the owner and any tenants, occupants and/or other persons or entities in possession thereof. (2) The property is occupied by someone other than the owner, and the owner represents in writing or otherwise, to any person or establishment, business, institution or government agency, that the owner resides at an address other than the rental property. (3) Utilities, cable, phone or other services are in place or requested to be installed or used at the premises or any portion thereof in the name of someone other than the owner. (4) There are separate entrances for segregated parts of any building or structure located on the property. (5) There are partitions or internal doors which may serve to bar access between segregated portions of any building or structure located on the property, including, but not limited to, bedrooms. (6) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all dwelling units in a building or structure. (7) Two or more complete dwelling units, as defined herein or in the Residential Code of New York State, exist in any building or structure located on the property. (8) A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent. B. The presumptions set forth above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of illegal residential use and occupancy violations under other articles of the City Code. C. Nothing herein shall be construed to prevent persons living together with any owner as a two-family unit as defined by the City Code.
Section 177-12 of Watertown, N.Y., Code of Ordinances ch. 177 establishes a list of circumstances that, if present, legally suggest a property is being used as a rental — even without a formal lease. These are called 'rebuttable presumptions,' meaning the owner can challenge the assumption with contrary evidence. The listed indicators include things like separate entrances, utilities in a non-owner's name, advertisements for rent, and occupancy by someone other than the owner. The presumptions also apply to enforcement of illegal occupancy violations elsewhere in the City Code, though the provision explicitly carves out owner-occupied two-family living arrangements.
Plain English — not legal advice.
Property owners in Watertown should be aware that under § 177-12, a wide range of observable conditions — such as separate entrances, utilities billed to non-owners, or online rental listings — can trigger a legal presumption that a property is subject to rental registration requirements. Compliant operators generally ensure their properties are properly registered whenever any of these indicators are present, and they maintain documentation that can rebut any presumption if the property is legitimately owner-occupied. Owners of two-family units where they reside alongside others should familiarize themselves with the City Code's definition of a 'two-family unit,' since § 177-12(C) provides a specific exemption for that arrangement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 177-12, tenants may find it relevant that Watertown's code broadly defines what counts as evidence of a rental relationship — including oral agreements, separate entrances, and utilities in a tenant's name — for purposes of enforcing rental registration rules. If a landlord has failed to register a rental property, this provision and its presumptions may be relevant to any enforcement action or complaint filed with the appropriate city authority. Tenants who believe their housing situation involves an unregistered rental may wish to contact a local tenant-rights organization or the relevant city department to understand what options are generally available under ch. 177.
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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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