Farmingdale, N.Y., Code of Ordinances ch. 437 (eCode360 ed. 2026) § 437-2

A. In all civil and criminal prosecutions brought for the enforcement of chapter provisions in respect to nonpermitted occupancy of residential dwellings, the following rebuttable presumptions shall apply: (1) That any dwelling which maintains more than one gas meter or more than one electric meter or more than one water meter is being used as the residence of two or more families. (2) That any dwelling which maintains more than two gas meters or more than two electric meters or more than two water meters is being used as the residence of three or more families. (3) That a one-family dwelling which maintains any entrance(s) thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of two or more families. (4) That a two-family dwelling which maintains any third or additional entrance thereto, which entrance(s) has not been set forth on any plans approved by and on file with the Department of Buildings, is being used as the residence of three or more families. (5) That a dwelling which has been advertised in any newspapers, magazine or local advertising publication as being available for sale or rent, which advertisement expressly or implicitly provides that such dwelling contains rooms for rent, more than one separate dwelling living unit, or may be occupied by more than one separate family, is being used as a dwelling containing the number of rooms for rent, dwelling units or families stated or implied in such advertisement. (6) That if there exists two or more doorbells or mailboxes, such would indicate two or more families are residing in the dwelling. (7) That if there are two or more motor vehicles parked on the dwelling lot registered to persons with two or more different surnames, such would indicate two or more families residing in the dwelling. (8) The presumption of nonpermitted occupancy of a single dwelling unit shall also be established where probative evidence establishes: (a) That there exists permanent partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms, or the inability of any occupant or person in possession thereof to have unimpeded and/or lawful access to all parts of the dwelling unit. (b) That there exists 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 foods. (c) There exists more than the permitted number of bathrooms. For purposes of the illegal occupancy presumption: [1] No more than two bathrooms shall be permitted in any single-family dwelling; except that for single-family dwellings in excess of two bedrooms, an additional 1/2 bath for each additional bedroom in excess of two bedrooms shall be permitted. [2] No more than three bathrooms shall be permitted in any two-family dwelling; except that for two-family dwellings in excess of three bedrooms an additional 1/2 bath for each additional bedroom in excess of three bedrooms shall be permitted. B. The presumption raised by proof of the existence of any such conditions as set forth in Subsection A herein may only be rebutted by conclusive evidence that such conditions do not, in fact, exist or that such conditions, in fact, comply with this chapter. C. A person charged with a violation of this chapter as described herein may demand an inspection by the Department of Buildings of the subject premises to rebut such presumption. Such demand shall be in writing addressed to the Department of Buildings. The Superintendent of Buildings shall prepare a report of the finding of the inspection together with photographs, if appropriate. D. The rebuttable presumption standard set forth herein is met by the submission of any application, proposal and/or plan which satisfies the presumptions in § 437-2A and the building department shall not grant any building permit(s) for any such applications, proposals and/or plans. E. Nothing contained in this section shall preclude a finding of an illegal occupancy based upon direct evidence or other evidence.