Babylon Town, N.Y., Code of Ordinances ch. 153 (eCode360 ed. 2026) § 153-11
Presumptive evidence of violations of this article
Operative Text
A. 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 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, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator. B. Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.
Section 153-11 of Babylon Town's Code of Ordinances establishes a list of physical and circumstantial conditions—such as multiple utility meters, separate entrances, multiple kitchens, or occupants who claim to pay rent—that legally suggest a property is being rented out, even without a formal lease in hand. This is called a 'rebuttable presumption,' meaning the evidence shifts the burden to the property owner to demonstrate that no rental arrangement exists. The provision explicitly carves out an exception for people living together as a family unit with the owner, as defined elsewhere in the Code.
Plain English — not legal advice.
Under § 153-11, Babylon Town uses a broad set of observable property features and occupancy patterns as presumptive indicators of an unlicensed or unregistered rental. Compliant operators generally ensure that any rental arrangement is properly documented and permitted, and that the physical configuration of their property—including the number of meters, kitchens, and entrances—is consistent with its permitted use. Owners who occupy their property alongside family members should be aware that the family-unit exception in § 153-11(B) may apply, but the specific conditions of that exception are defined elsewhere in Chapter 153.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 153-11 describes the kinds of evidence Babylon Town may use to establish that a property is being rented, which can be relevant if a landlord disputes the existence of a tenancy or if enforcement proceedings arise. Occupants who believe their living situation is being mischaracterized—or who are facing pressure related to the rental status of their home—may find it useful to document their arrangements and consult a tenant-rights organization familiar with Babylon Town's Chapter 153 regulations. The rebuttable nature of the presumption means that evidence on either side of the question can be considered in any formal proceeding.
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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