Valley Stream, N.Y., Code of Ordinances ch. 46A (eCode360 ed. 2026) § 46A-16
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 Superintendent of Buildings Department or any court of competent jurisdiction.
Valley Stream Code § 46A-16 establishes a legal presumption that a bedroom is over-occupied whenever more than two mattresses are found in it. This presumption is not conclusive — it can be challenged and overturned by presenting contrary evidence to the Superintendent of Buildings or a court. The rule functions as an evidentiary shortcut: the presence of excess mattresses shifts the burden of explanation rather than automatically establishing a violation.
Plain English — not legal advice.
Under § 46A-16, a compliant operator generally ensures that no bedroom in a rental unit contains more than two mattresses, since exceeding that number triggers a legal presumption of over-occupancy before the Valley Stream Superintendent of Buildings or a court. Operators who maintain accurate occupancy records and conduct periodic unit inspections are better positioned to rebut such a presumption if it arises. Documenting the legitimate use of any additional mattresses — such as a fold-away guest mattress — can support a rebuttal if the matter is ever reviewed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 46A-16 means that a finding of more than two mattresses in a bedroom can be used as evidence against occupants in an over-occupancy proceeding, but that finding is not the final word. Occupants have the right to present rebuttal evidence to the Superintendent of Buildings Department or a court of competent jurisdiction to explain the circumstances. Tenants who believe a presumption under this section has been incorrectly applied may wish to consult a tenant-rights organization or legal aid provider familiar with Valley Stream housing code enforcement.
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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