Lake Success, N.Y., Code of Ordinances ch. 83 (eCode360 ed. 2026) § 83-12
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 dwelling is being used as a rental occupancy or an illegal multiple occupancy rental: (1) The dwelling is occupied by someone other than the owner, or 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) Utilities, cable, phone or other services are in place or requested to be installed or used at the dwelling in the name of someone other than the record owner; (3) There are separate entrances for segregated parts of the dwelling; (4) There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms; (5) 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; (6) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit; (7) 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; (8) A dwelling has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent; (9) There are motor vehicles parked at the dwelling registered to a person or entity who is not the owner; (10) There is more than one mailbox at the dwelling; (11) There is more than one gas meter at the dwelling; (12) There is more than one electric meter at the dwelling; (13) There is more than one doorbell at the dwelling; (14) There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname; (15) There are more than three waste receptacles, cans, containers, bags, or boxes containing waste from the dwelling placed for pickup at least twice during a weekly garbage pickup period; or (16) There is no electric meter annexed to the exterior of the dwelling. B. The presumptions set forth in Subsection A above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of residential illegal use and occupancy violations. C. Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.
Lake Success Code ch. 83 § 83-12 establishes a list of observable conditions—such as separate entrances, multiple utility meters, separate lease arrangements, or vehicles registered to non-owners—that legally shift the burden of proof in rental registration enforcement proceedings. When any of these conditions is present, the dwelling is presumed to be used as a rental or illegal multiple-occupancy unit unless the owner can rebut that presumption with contrary evidence. The same presumptions apply to prosecutions for illegal residential use and occupancy, though the provision expressly protects households where people live together as a family unit with the owner.
Plain English — not legal advice.
Under Lake Success Code ch. 83 § 83-12, property owners should be aware that routine physical features of a dwelling—such as a second doorbell, an additional mailbox, separate interior doors, or utilities billed to a non-owner—can independently trigger a legal presumption of unlawful rental activity during an enforcement inspection. Compliant operators generally ensure that their property's physical configuration, utility accounts, and any advertising are consistent with its registered or permitted use. Maintaining clear documentation of occupancy arrangements and ownership records can be relevant to rebutting any presumption that arises under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Lake Success Code ch. 83 § 83-12 affects tenants indirectly: conditions present in or around a dwelling where a tenant lives—such as separate entrances, multiple meters, or a separate lease—may be used by the village as evidence that the unit is an unregistered or illegal rental. Tenants who believe they are living in a unit that is subject to enforcement action under this provision may wish to review their lease and understand their occupancy rights. Consulting a tenant-rights organization or legal aid service familiar with Nassau County housing law can help clarify how these presumptions might affect a tenant's housing situation.
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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