Kings Point, N.Y., Code of Ordinances ch. 122 (eCode360 ed. 2026) § 122-13
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
A. Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a property is being used for rental occupancy: (1) The property is occupied by someone other than the owner of the property, and the owner of the property represents in any manner that he or she resides at an address other than the subject property; (2) 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 owner; (3) There are separate entrances for segregated parts of the dwelling; (4) There are partitions and/or internal doors with locks that may serve to bar access between portions of the dwelling, including, but not limited to, bedrooms; (5) There is a written or oral lease or other rental agreement for all or portions of a residential building; (6) Any occupant or person in possession of a residential building does not have unimpeded access to all parts of the residential building; (7) A premises has been advertised as being available for rent; (8) There is more than one mailbox, gas meter, and/or electric meter at the premises; (9) There are more than two motor vehicles registered to the premises and the registered owners of not less than three of such motor vehicles have different surnames. B. Nothing herein shall be construed to prevent persons living together as a family unit with the owner.
Kings Point, N.Y., Code of Ordinances ch. 122 § 122-13 establishes a set of observable conditions — such as a non-owner occupant, utilities in another person's name, separate locked entrances, a lease agreement, or multiple mailboxes — that legally suggest a property is being used as a rental. Each condition creates a 'rebuttable presumption,' meaning the property is treated as a rental for enforcement purposes unless the owner demonstrates otherwise. The provision explicitly carves out situations where people are living together as a family unit with the owner, which does not trigger these presumptions.
Plain English — not legal advice.
Under Kings Point, N.Y., Code of Ordinances ch. 122 § 122-13, compliant property owners generally maintain clear documentation showing the nature of any occupancy arrangement at their property, particularly when conditions like separate entrances, multiple utility meters, or non-owner occupants are present. Because any one of the listed conditions can trigger a rebuttable presumption of rental use, operators who are not renting typically keep records — such as proof of owner-occupancy and utility account details — that can counter such a presumption if enforcement action arises. Owners who do rent are generally expected to ensure their property is properly registered under the village's rental registration requirements.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Kings Point, N.Y., Code of Ordinances ch. 122 § 122-13 is primarily an enforcement tool directed at property owners, but it reflects the village's active interest in identifying unregistered rental units. Tenants living in a property that may not be properly registered can be affected by enforcement proceedings that follow from these presumptions. Those who believe their housing situation involves an unregistered rental or who have questions about their rights under the village's rental registration framework may find it useful to consult a tenant-rights organization or review the broader provisions of ch. 122 for context.
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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