Sleepy Hollow, N.Y., Code of Ordinances ch. 319 (eCode360 ed. 2026) § 319-2
Effect of rebuttal of presumptions
Operative Text
The rebuttal of the aforesaid presumptions shall be an affirmative defense by the defendant that, notwithstanding the existence of such conditions, once such conditions have proven to the court, the subject building is not being used as a dwelling or the subject dwelling is not being used for more families than permitted under Chapter 450 , Zoning, of the Code of the Village of Sleepy Hollow.
Under Sleepy Hollow, N.Y., Code of Ordinances ch. 319 § 319-2, when certain conditions exist that would normally suggest a building is being used as a dwelling or is housing more families than zoning allows, a defendant in a legal proceeding may rebut those presumptions. The rebuttal works as an affirmative defense, meaning the burden falls on the defendant to prove to the court that the building is not actually being used as a dwelling, or that it is not housing more families than permitted under the Village's Zoning chapter (Chapter 450). This provision shapes how evidence and legal arguments are structured in enforcement proceedings rather than imposing a direct substantive obligation.
Plain English — not legal advice.
Property owners and managers subject to Sleepy Hollow, N.Y., Code of Ordinances ch. 319 § 319-2 should be aware that if enforcement proceedings are initiated, the existence of certain conditions may create legal presumptions about how a building is being used. A compliant operator generally maintains clear documentation of a building's actual occupancy and use, including records that demonstrate conformity with the family-unit limits set out in Chapter 450 of the Village Code. Having organized records of lawful occupancy can be important if an affirmative defense under this section ever becomes relevant in a court proceeding.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in buildings in Sleepy Hollow should understand that ch. 319 § 319-2 is part of a framework governing how courts evaluate whether a building is being used as a dwelling or whether it houses more families than zoning permits. If a landlord is facing enforcement action, this provision allows the landlord to raise an affirmative defense challenging those presumptions in court. Tenants who believe their building may be operating outside of lawful occupancy limits can explore options such as contacting the Village of Sleepy Hollow's code enforcement office or reaching out to a local tenant-rights organization for general information.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.