East Hampton, N.Y., Code of Ordinances ch. 199 (eCode360 ed. 2026) § 199-1-7
Presumptive evidence of over-occupancy
Operative Text
A. It shall be presumed that a bedroom is over-occupied if the number of mattresses in a bedroom exceeds the maximum number of occupants permitted for the bedroom pursuant to § 255-11-67A(9) . B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
East Hampton Code § 199-1-7 establishes a rebuttable presumption: if the number of mattresses in a bedroom exceeds the occupancy limit set by § 255-11-67A(9), that bedroom is presumed to be over-occupied. This presumption is not conclusive — it can be challenged by presenting contrary evidence to the relevant enforcement authority or a court. The rule essentially uses mattress count as an initial indicator of overcrowding, while preserving the right to contest that finding.
Plain English — not legal advice.
Under § 199-1-7, a compliant operator generally ensures that the number of mattresses in any bedroom does not exceed the maximum occupancy permitted by § 255-11-67A(9), since excess mattresses alone can trigger a presumption of over-occupancy during an inspection. Property managers typically document bedroom configurations and occupancy limits as part of routine recordkeeping. Being prepared to present evidence to the enforcement authority is a standard part of managing compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 199-1-7 means that an over-occupancy finding based on mattress count is not automatically final — tenants have the right to rebut the presumption by presenting evidence to the enforcement authority or a court of competent jurisdiction. If an over-occupancy allegation arises under this provision, general enforcement paths include responding directly to the enforcement authority with supporting documentation or raising the rebuttal in any court proceeding. Tenant-rights organizations familiar with East Hampton housing code can help explain what kinds of evidence are typically relevant to challenging such a presumption.
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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