Flower Hill, N.Y., Code of Ordinances ch. 176 (eCode360 ed. 2026) § 176-2
Definitions
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: DWELLING UNIT A building within the Village, or part of such building, occupied or to be occupied by one or more persons as a residence. Such residence does not have to be the occupier's sole residence. FAMILY One individual or a collective group of individuals either: A. Related to each other by blood, marriage or adoption who live together in the same dwelling unit, cook together and function as a single, stable housekeeping unit with common access to all rooms and facilities; or B. Not related by blood, marriage or adoption but who together constitute the functional equivalent of a natural family, all living together in the same dwelling unit, cooking together and generally functioning as a single, stable housekeeping unit, all with common access to all rooms and facilities, with no member or members of such group subletting, subleasing or otherwise controlling any part of the dwelling separately from the others. OWNER A. The grantee of the property as set forth in the last deed of record on file with the Clerk of the County of Nassau, every partner of any grantee that is partnership, company, or firm, and every officer of any grantee that is a corporation, except: (1) A public housing authority organized as such under the laws of the State of New York; (2) A not-for-profit corporation organized to own and operate a group home or assisted-living or moderate-income senior-citizen housing in conjunction with New York State; and (3) A state-, county- or Village-operated group home or treatment facility. B. A tenant in relation to its 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/or occupancy or the right to the use and/or 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 BUILDING A building wherein there is a rental dwelling unit. RENTAL DWELLING UNIT A dwelling unit established, occupied, used or maintained for rental occupancy. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a dwelling unit under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. There is 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. SUPERINTENDENT The Superintendent of the Building Department or his or her designee.
Section 176-2 of Flower Hill, N.Y., Code of Ordinances ch. 176 establishes the foundational definitions that govern the entire chapter's rent-related rules. Key terms such as 'dwelling unit,' 'family,' 'owner,' 'rent,' and 'rental occupancy' are given specific meanings that may differ from everyday usage—for example, 'rent' covers not just money but any valuable consideration exchanged for the right to occupy a unit. A notable feature is the rebuttable presumption under 'rental occupancy': if the building owner does not live in the same building as the tenant, the law presumes the arrangement is a rental occupancy unless shown otherwise.
Plain English — not legal advice.
Property owners and managers subject to ch. 176 should be aware that § 176-2 defines 'owner' broadly to include deed grantees, partners, and corporate officers, meaning responsibility under the chapter can extend beyond a single named individual. The definition of 'rent' encompasses non-monetary exchanges—such as services or payment in kind—so arrangements that avoid traditional cash payments may still fall within the chapter's scope. Compliant operators generally ensure that any occupancy arrangement in a building where they do not reside is treated as a rental occupancy under § 176-2 unless they can affirmatively demonstrate otherwise.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 176-2, tenants benefit from a broad definition of 'rent' that covers non-cash arrangements, meaning protections under ch. 176 may apply even when payment takes an unconventional form. The 'family' definition in § 176-2 recognizes both related and unrelated groups functioning as a stable household, which can be relevant when occupancy rights are questioned. Tenants who believe their occupancy arrangement is being mischaracterized—or that the rebuttable presumption of rental occupancy applies to their situation—may wish to consult a tenant-rights organization or review the full provisions of ch. 176 for applicable protections.
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 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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