Babylon Village, N.Y., Code of Ordinances ch. 281 (eCode360 ed. 2026) § 281-2
Definitions
Operative Text
As used in the chapter, the following terms shall have the meanings indicated: BUILDING INSPECTOR The Building Inspector of the Village of Babylon or his or her delegates or assistants. DWELLING UNIT A structure or building or part thereof, or any area, room, or rooms therein, occupied or to be occupied by one or more persons as a home or residence. OWNER The owner or any other person or persons or entity or entities who or which have the right to possession of a dwelling unit, except a public housing authority organized as such under the laws of the State of New York, and such other similarly situated entity as may be determined by the Village Clerk. Under this definition, a tenant can be an owner in relation to a subtenant. RENT A return, in money, property or other valuable consideration (including payment in kind or services or other thing of value), for use and occupancy or the right to the use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL OCCUPANCY A. The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. There shall be a rebuttable presumption that any occupancy or use of a dwelling unit is a rental occupancy if the owner of the building containing the dwelling unit does not reside in the same building. A rental occupancy shall also occur where the owner of any residential building or dwelling unit allows another to occupy such residential building or dwelling unit where the owner is not also a resident. B. 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 the 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, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator. C. Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code. TRANSIENT RENTAL PROPERTY A. A rental dwelling or dwelling unit occupied by persons other than the owner or a family member of the owner and for which rent is received by the owner, directly or indirectly, in exchange for such rental occupation for a period of less than 30 nights. For the purposes of this chapter, the term "transient rental property" shall mean all non-owner-occupied dwelling units rented for a period of less than 30 nights and shall not include: (1) Properties used exclusively for nonresidential commercial purposes in any zoning district; or (2) Any legally operating hotel/motel business operating exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies and other activities that are customary to a commercial hotel/motel business. B. Presumption of dwelling unit as transient rental property. (1) The presence of the following shall create a presumption that a dwelling unit is being used as a transient rental property: (a) The dwelling unit or any room therein is offered for lease on a short-term rental website, including Airbnb, Home Away, VRBO and the like for a period of less than 30 days; or (b) The dwelling is offered for lease in any medium for a period of less than 30 nights. (2) The foregoing presumption may be rebutted by evidence presented to the Code Enforcement Official that the dwelling unit is not a transient rental property.
Section 281-2 of Babylon Village's Code of Ordinances Chapter 281 establishes the foundational definitions that govern how the chapter's rental regulations apply. Key terms such as "dwelling unit," "owner," "rent," "rental occupancy," and "transient rental property" are given specific legal meanings that may differ from everyday usage — for example, a tenant who sublets to another person can qualify as an "owner" under this section. The provision also sets out a series of rebuttable presumptions, meaning that certain observable conditions (such as multiple utility meters, separate entrances, or a short-term listing on platforms like Airbnb) are treated as evidence that a rental or transient rental situation exists, unless the property owner can demonstrate otherwise.
Plain English — not legal advice.
Property owners and managers operating in Babylon Village should be aware that § 281-2 defines "owner" broadly enough to include tenants who sublet, meaning subtenants may trigger the same regulatory obligations as a direct landlord-tenant relationship. Operators should also note that physical features of a property — such as multiple mailboxes, separate entrances, or multiple kitchen appliances — can create a rebuttable presumption of rental occupancy under this section, potentially drawing scrutiny from the Building Inspector. Those who list any dwelling unit on short-term rental platforms like Airbnb or VRBO for periods under 30 nights should understand that such listings are explicitly identified in § 281-2 as creating a presumption that the property is a "transient rental property" subject to additional regulation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 281-2, tenants in Babylon Village should understand that the definitions in this section can directly affect their rights and obligations — for instance, a tenant who sublets a unit may themselves be treated as an "owner" with corresponding responsibilities toward their subtenant. The broad definition of "rent" in this section covers not just cash payments but also services or other things of value exchanged for the right to occupy a dwelling, which means informal living arrangements may still fall within the chapter's scope. Tenants who believe their living situation is being mischaracterized — or who have questions about how these definitions apply — may wish to consult the Village of Babylon's Building Inspector's office or a tenant-rights organization familiar with § 281-2 and local housing code enforcement.
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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