Valley Stream, N.Y., Code of Ordinances ch. 46A (eCode360 ed. 2026) § 46A-13
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 § 46A-14 exist at the dwelling unit. B. The foregoing may be rebutted by evidence presented to the Superintendent of Buildings Department or any court of competent jurisdiction.
Valley Stream Code § 46A-13 establishes a list of circumstances that, if present, legally presume a dwelling unit is being used as a rental property. These circumstances include things like the property being occupied by non-owners, utilities registered in a non-owner's name, residents stating they pay rent, or the unit being advertised for rent. The presumption is not absolute — it can be challenged by presenting contrary evidence to the Superintendent of Buildings Department or a court of competent jurisdiction.
Plain English — not legal advice.
Under § 46A-13, property owners in Valley Stream should be aware that everyday observable facts — such as having utilities in a tenant's name, advertising a unit for rent, or residing at a different address — can trigger a legal presumption that a unit is being used as rental property. Compliant operators typically ensure their rental units are properly registered and that documentation accurately reflects the property's use. If a presumption arises incorrectly, the ordinance provides a rebuttal pathway through the Superintendent of Buildings Department or a competent court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 46A-13 of the Valley Stream Code outlines conditions that can establish, as a legal presumption, that a dwelling is a rental unit — which may be relevant if a landlord attempts to deny the rental nature of an arrangement. Tenants who believe this provision applies to their situation may find it useful to document circumstances such as rent payments, utility arrangements, or any public advertising of the unit. Those seeking to understand how this presumption affects their rights can consult a tenant-rights organization or seek guidance from the Superintendent of Buildings Department.
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