Farmingdale, N.Y., Code of Ordinances ch. 433 (eCode360 ed. 2026) § 433-2

As used in the chapter, the following terms shall have the meanings indicated: BUILDING SUPERINTENDENT The Building Superintendent of the Incorporated Village of Farmingdale 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 Incorporated Village of Farmingdale 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. There shall also be a rebuttable presumption that a rental occupancy exists 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. (13) The premises is a two-family home. If there is written evidence submitted to the Incorporated Village of Farmingdale that the second family unit is occupied by a relative of the owner of the home and of the occupant of the other unit an application (§ 433-5 ) and fee (§ 433-6 ) shall be required, which application, submissions and fees may be reduced by the Board of Trustees as per § 433-6B . 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 properties used exclusively for nonresidential commercial purposes in any zoning district. 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 but not limited to 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.