Southampton, N.Y., Code of Ordinances ch. 270 (eCode360 ed. 2026) § 270-17
Presumptive evidence of over-occupancy
Operative Text
A. It shall be presumed that a bedroom is over-occupied if more than two mattresses exist in a bedroom. B. The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
Southampton, N.Y., Code of Ordinances ch. 270 § 270-17 establishes a rebuttable presumption: if more than two mattresses are found in a single bedroom, that bedroom is presumed to be over-occupied. This presumption is not a final determination — it can be challenged by presenting contrary evidence to the relevant enforcement authority or a court. The rule functions as an evidentiary starting point in over-occupancy proceedings, not an automatic finding of violation.
Plain English — not legal advice.
Under ch. 270 § 270-17, operators of residential properties in Southampton are generally mindful of the number of mattresses present in each bedroom, since more than two mattresses in a single room triggers a legal presumption of over-occupancy. Compliant property managers typically document bedroom configurations and occupancy arrangements so that evidence is available to rebut any such presumption if it arises during an inspection or enforcement proceeding. Maintaining clear lease terms and occupancy records is a common practice for demonstrating that sleeping arrangements conform to applicable standards.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 270-17 of Southampton's Code of Ordinances means that a finding of over-occupancy based on mattress count is not automatically conclusive — tenants have the right to present rebutting evidence to the enforcement authority or a court of competent jurisdiction. If you receive a notice or face a proceeding related to this presumption, the code explicitly preserves the opportunity to contest it. Tenant-rights organizations or legal aid services can help you understand what kinds of evidence are generally considered relevant in such proceedings.
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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