Lake Success, N.Y., Code of Ordinances ch. 83 (eCode360 ed. 2026) § 83-2
Definitions
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICER The Building Inspector or the Commissioner of Buildings of the Village of Lake Success or their delegates or assistants. DWELLING A building or structure designed for and occupied exclusively as a home or residence for not more than one family. FAMILY A. A family shall constitute either: (1) One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants; or (2) A number of persons, but not exceeding two, and their children, living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage, shall be deemed to constitute a family. B. For the purpose of this definition, foster children under the care of persons occupying or owning a dwelling will be considered to be related by blood. OWNER The person who holds title to the dwelling or any other person or persons or entity or entities having the right to possession of a dwelling. RENT A return, in money, property or other consideration (including payment in kind or services or other thing of value), for use and occupancy or the right to the use and occupancy of a dwelling, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING A dwelling established, occupied, used or maintained for rental occupancy. RENTAL OCCUPANCY A. The occupancy or use of a dwelling by a person or persons other than the owner as defined herein as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. B. Consistent with the Village's zoning regulations, no more than one family may rent a dwelling at any given time, and a dwelling may not be divided into separate housekeeping units to rent to more than one family. C. A rental occupancy is permitted only if the term of the rental occupancy is a minimum of one year. D. There is a rebuttable presumption that any occupancy or use of a dwelling is a rental occupancy if the owner of the building containing the dwelling does not reside in the same building. TRANSIENT RENTAL OCCUPANCY A. The occupancy or use of a dwelling by a person or person other than the owner as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use for a period of less than one year. B. A transient rental occupancy is not permitted. C. A tenant in possession is prohibited from subleasing or otherwise licensing the use or occupancy of any portion thereof. D. Advertising for the subleasing of, or selling or assigning of shares to, the dwelling by a tenant, or occupant, for the use or occupancy of all or a portion of the dwelling is prohibited. E. There is a rebuttable presumption that any occupancy or use of a dwelling is a transient rental occupancy if the dwelling is offered for lease on a short-term rental website, including Airbnb, HomeAway, Vrbo, ® and the like for a period of less than one year; the dwelling is offered for lease in any medium for a period of less than one year. This foregoing presumption may be rebutted by evidence presented to the Code Enforcement Officer that the dwelling is not a transient rental occupancy. VILLAGE FACILITIES All Village facilities used by Village residents, including, but not limited to, the Village pool, golf course, fitness center and catering facility. If a dwelling is rented, only the occupant may use Village facilities pursuant to the regulations set forth in Code Chapter A116 .
Lake Success, N.Y., Code of Ordinances ch. 83 § 83-2 establishes the foundational definitions that govern the village's rental dwelling regulations. Key terms such as 'dwelling,' 'family,' 'rent,' 'rental occupancy,' and 'transient rental occupancy' are given specific meanings that shape how the rest of the chapter applies. Notably, the provision defines transient rental occupancy — any arrangement lasting less than one year — as expressly prohibited, and it creates a rebuttable presumption that a dwelling listed on short-term rental platforms like Airbnb or Vrbo is being used for transient rental occupancy. It also limits use of Village facilities to the actual occupant when a dwelling is rented out.
Plain English — not legal advice.
Under Lake Success, N.Y., Code of Ordinances ch. 83 § 83-2, property owners who rent their dwellings are expected to ensure that all rental arrangements meet the minimum one-year term requirement and that only a single family occupies the dwelling at any given time. Compliant operators are generally careful not to list their properties on short-term rental platforms, since doing so creates a rebuttable presumption of prohibited transient rental occupancy that must be affirmatively rebutted before the Code Enforcement Officer. Owners should also be aware that when a dwelling is rented, Village facility access is limited to the occupant under the rules set out in Code Chapter A116.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 83-2 of Lake Success, N.Y., Code of Ordinances ch. 83 defines the rights and limitations that apply to people occupying rental dwellings in the village. Tenants should be aware that subleasing, licensing any portion of the dwelling to others, or advertising such arrangements is expressly prohibited under this provision. Those who believe their occupancy situation raises questions about these definitions — for example, regarding what constitutes a 'family' or whether a rental term qualifies under the one-year minimum — may wish to consult a tenant-rights organization or seek guidance from the Village's Code Enforcement Officer.
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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