A. Purpose. It is the purpose of this chapter to define the definition of "family" in order to promote the legitimate preservation of the character of single-family areas, without violating the United States Due Process Clause and the New York State Due Process Clause by not excluding a group which is, in every but biological sense, a single family or a household which poses no threat to the good of preserving the character of the traditional single-family neighborhood.
B. The definition of "family" shall be:
(1) Those related by blood, marriage or adoption, likely to be found in a unitary family; or
(2) Not more than four unrelated individuals living in a stable nontransient household group; or
(3) Not more than four unrelated individuals living in a stable transient household group.
C. It shall be a rebuttable presumption that a group of five or more persons living in a single dwelling unit to produce evidence that they constitute the definition of "functionally equivalent traditional family."
D. Factors in determining a group as a functionally equivalent traditional family shall be:
(1) The group shares the entire dwelling unit; and
(2) The group lives and cooks together as a single housekeeping unit; and
(3) The group shares expenses for food, rent, utilities and other household expenses; and
(4) The group is previously established as permanent and stable; and
(5) Each member of the group has equal access to all living areas within the single dwelling unit.
E. A community residence family-care home or group home established pursuant to the New York State Mental Hygiene Law or governed by the Fair Housing Act shall be deemed a functionally equivalent traditional family for the purpose of this definition.
