Chester, N.Y., Code of Ordinances ch. 72 (eCode360 ed. 2026) § 72-11
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, online site, or posted or billed as being available for rent in any manner. 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 Village Code. C. Nothing herein shall be construed to prevent persons living together with any owner as a two-family unit as defined by the Village Code.
Chester, N.Y., Code of Ordinances ch. 72 § 72-11 establishes a list of circumstances that, if present, legally suggest a property is being used as a rental — though that suggestion can be challenged with contrary evidence. These 'rebuttable presumptions' include things like a lease arrangement, utilities in a non-owner's name, separate entrances, or online rental advertisements. The same presumptions extend to enforcement of illegal residential use and occupancy violations elsewhere in the Village Code, though the provision explicitly carves out owner-occupied two-family living arrangements as defined by Village Code.
Plain English — not legal advice.
Under Chester, N.Y., Code of Ordinances ch. 72 § 72-11, property owners who rent out units generally ensure their property is properly registered to avoid triggering enforcement based on these presumptions. Compliant operators are mindful that seemingly routine circumstances — such as utilities in a tenant's name, separate entrances, or a rental listing on any platform — can independently create a legal presumption of rental use. Keeping registration current and documentation in order is the approach typically associated with operators who remain in compliance with this article.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Chester, N.Y., Code of Ordinances ch. 72 § 72-11 is primarily an enforcement tool directed at property owners, but tenants may find it relevant if questions arise about whether their residence is a lawfully registered rental. If a tenant believes their landlord is operating an unregistered rental in violation of this article, general enforcement paths include filing a complaint with the Village of Chester or raising the violation through local code enforcement channels. Tenant-rights organizations familiar with New York municipal housing codes can help explain how these presumptions and related Village Code provisions may apply in a given context.
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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