§ 2-119. Presumptions applicable to rental registration enforcement and prosecutions.

A. 

Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used as a rental occupancy:

(1) 

The property is occupied by someone other than the owner, and the owner of the property represents in writing or otherwise, to any person or establishment, business, institution or government agency, that he resides at an address other than the rental property;

(2) 

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;

(3) 

There are separate entrances for segregated parts of the dwelling;

(4) 

There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;

(5) 

There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof;

(6) 

Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;

(7) 

Two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator;

(8) 

A premises has been advertised in any newspaper, magazine, local advertising publication, or posted or billed as being available for rent.

B. 

Within the context of rental registration enforcement and prosecutions, the presence or existence of any two of the following shall create a rebuttable presumption that a premises is being used as a rental occupancy:

(1) 

There is more than one mailbox at the premises;

(2) 

There is more than one gas meter at the premises;

(3) 

There is more than one electric meter at the premises;

(4) 

There is more than one doorbell at the premises;

(5) 

There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname;

(6) 

There are more than three waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a weekly garbage pickup period; or

(7) 

There is no electric meter annexed to the exterior of the premises.

C. 

The presumptions set forth in Subsections A and B above, subject to the limitations contained therein, shall also be applicable to enforcement and prosecution of residential illegal use and occupancy violations.

D. 

Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.

Editor's Note: This local law also renumbered former §§ 2-119 through 2-121 as 2-120 through 2-122, respectively.

Added 5-2-2006 by L.L. No. 7-2006