Southampton, N.Y., Code of Ordinances ch. 270 (eCode360 ed. 2026) § 270-14
Presumptive evidence dwelling unit is being used as rental property
Operative Text
A. The presence or existence of any of the following shall create a presumption that a dwelling unit is being used as a rental property: (1) The property is occupied by someone other than the owner or his/her immediate family; (2) Voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity which states that the owner of the rental property resides at an address other than the rental property; (3) 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 record owner; (4) Persons residing in the dwelling unit represent that they pay rent to occupy the premises; (5) A dwelling unit which has been published as being available for rent; (6) Any two of the features enumerated in § 270-15 exist at the dwelling unit. B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
Section 270-14 of Southampton's Code of Ordinances establishes a list of circumstances that, if present, legally suggest a dwelling unit is being used as rental property — even without a formal lease or explicit admission. These triggering circumstances include things like the owner living elsewhere, utilities registered to a non-owner, or the unit being advertised for rent. The presumption is not absolute: an owner or occupant can present evidence to the enforcement authority or a court to rebut it.
Plain English — not legal advice.
Under § 270-14, property owners in Southampton should be aware that everyday administrative details — such as where the owner's driver's license lists their address, whose name appears on utility accounts, or whether a unit has ever been listed online as available for rent — can collectively create a legal presumption of rental use. Compliant operators generally ensure that their registration documents, utility accounts, and occupancy arrangements are consistent with the property's actual use and status. Maintaining clear records that accurately reflect ownership and occupancy can be important if the enforcement authority ever raises a question under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 270-14 identifies several indicators that Southampton's enforcement authority may use to establish that a dwelling is being used as rental property, which can be relevant to whether local rental regulations apply to a given unit. Tenants who believe their unit should be recognized as rental property — for example, because they pay rent and the owner lives elsewhere — may find that these enumerated factors support that position in a complaint or proceeding. Tenant-rights organizations familiar with Southampton's ordinances can help residents understand how this presumption interacts with other protections under Chapter 270.
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
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Rules and statutes that cite this regulation