Gates, N.Y., Code of Ordinances ch. 148 (eCode360 ed. 2026) § 148-8
Presumptions applicable to enforcement
Operative Text
A. Within the context of this chapter, 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 exist in any building or structure located on the property. (8) A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent. B. Nothing herein shall be construed to prevent persons living together at premises bearing the same tax account number where such owner resides.
Gates, N.Y., Code of Ordinances ch. 148 § 148-8 establishes a list of circumstances that, if present, legally suggest a property is being used as a rental. These are called 'rebuttable presumptions,' meaning the suggestion can be challenged with contrary evidence. The provision covers a wide range of indicators, from the existence of a lease to separate entrances, utilities in a non-owner's name, or rental advertisements. Owner-occupants who share a property under the same tax account number are explicitly excluded from this presumption.
Plain English — not legal advice.
Under Gates, N.Y., Code of Ordinances ch. 148 § 148-8, property owners who rent out units should be aware that a broad set of physical and administrative conditions can trigger a legal presumption that a property is a rental. Compliant operators typically maintain clear documentation of their ownership status and occupancy arrangements, since factors as varied as separate entrances, non-owner utility accounts, or online rental listings can each independently raise the presumption. Owners who believe a presumption has been incorrectly applied generally have the opportunity to present rebuttal evidence, making thorough record-keeping a common practice among operators in Gates.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Gates, N.Y., Code of Ordinances ch. 148 § 148-8 is relevant to tenants because it defines the conditions under which a property is presumed to be a rental, which can affect how local enforcement of the rental chapter applies to their living situation. If a landlord disputes that a property is subject to rental regulations, the factors listed in this section—such as a lease agreement, separate entrances, or utilities in the tenant's name—may support a finding that the property is indeed a rental. Tenants who believe this provision is relevant to their circumstances may wish to consult a tenant-rights organization or review how the Gates Code of Ordinances is enforced locally.
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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