Rockville Centre, N.Y., Code of Ordinances ch. 264 (eCode360 ed. 2026) § 264-9
Rented dwelling unit presumptions; exemptions
Operative Text
A. The presence or existence of any of the following factors shall create a rebuttable presumption that a residential dwelling unit is rented: (1) The unit is occupied by someone other than the owner or a member of the owner's family, and the owner of the property represents, in writing or otherwise, to any person or entity that such owner resides at an address other than the rental property; (2) One or more persons residing in the dwelling unit represents that such person, or one or more other persons, pay rent to the owner of the premises; (3) Utilities, cable television, 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 record owner; (4) A sworn statement or testimony by a person having knowledge of the facts that it is common knowledge in the community that a person other than the record owner or a member of the family of the record owner resides in the unit; (5) There is more than one mailbox at the premises; (6) There is more than one electric, water or gas meter at the premises; (7) There are separate entrances for distinctly separate portions of the building at the premises; (8) There are internal partitions or internal doors which may serve to bar access between separate portions of the dwelling used for residential purposes, including but not limited to bedrooms; (9) There exists a written or oral lease or rental arrangement, payment or other agreement for occupancy of portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof; (10) One or more occupant of the premises does not have unimpeded and/or lawful access to all parts of the premises; (11) There are two or more kitchens at the premises, each containing one or more of the following: a range, oven, hotplate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator. B. A dwelling unit occupied by an owner of the property, or by one or more persons all of whom are members of the family of such owner, as the term "family" is defined by the zoning regulations of the Village, shall be exempt from the provisions of this chapter. However, a dwelling unit occupied by one or more persons who is not the owner of the premises, nor a member of the family of such owner as such term is so defined, shall not be exempt from the provisions of this chapter and shall be presumed to be subject to the registration and permit requirements of this chapter. C. A rental dwelling unit owned or operated by a governmental agency or authority, or a rental dwelling unit, the use and occupancy of which is licensed or regulated by an agency of the State of New York, is exempt from the registration and permit requirements of this chapter.
Section 264-9 of Rockville Centre's Code of Ordinances establishes a list of observable conditions—such as separate entrances, multiple kitchens, non-owner utility accounts, or statements by residents about paying rent—that legally suggest a dwelling unit is being rented, though that presumption can be challenged with contrary evidence. Units occupied solely by the property owner or qualifying family members (as defined by the Village's zoning regulations) are exempt from the chapter's registration and permit requirements. Dwelling units owned or operated by a government agency, or whose occupancy is licensed or regulated by a New York State agency, are also exempt from those requirements.
Plain English — not legal advice.
Under § 264-9, property owners in Rockville Centre should be aware that a wide range of everyday conditions—including having a second mailbox, separate utility meters, internal partitions limiting access, or a second kitchen—can trigger a legal presumption that a unit is rented and therefore subject to the Village's registration and permit requirements. Compliant operators typically ensure that any rental units are properly registered and permitted, and that they do not represent a different primary address to outside parties in ways that could create or compound a presumption of rental status. Owners who believe their property qualifies for the owner-occupancy or governmental exemption under § 264-9(B) or (C) should maintain documentation supporting that status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 264-9 outlines the circumstances under which a dwelling unit in Rockville Centre is presumed to be a rental subject to local registration and permit rules, which can be relevant to tenants seeking to understand whether their housing arrangement is properly authorized under Village law. If a tenant believes their unit should be registered but is not, they may have grounds to raise that issue with the Village or relevant local enforcement body, or to consult a tenant-rights organization familiar with Nassau County housing regulations. The presumptions listed in § 264-9(A)—such as paying rent to an owner or lacking full access to the premises—can serve as a basis for establishing rental status in a dispute or complaint process.
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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