A. 
The Town Board has determined that there exist in the Town of Hempstead serious conditions arising from rental of dwelling units that are substandard or in violation of the Town Code, New York State Uniform Fire Prevention and Building Code and Building Zone Ordinance, that tend to overburden municipal services and to promote or encourage deterioration of the housing stock of the Town. The Board finds that new Code provisions will serve to halt the proliferation of such conditions and that the public health, safety, welfare and good order and governance of the Town will be enhanced by enactment of the regulations set forth in this article.
B. 
The Town Board intends to preserve the health, safety and welfare of residents within the jurisdictional limits of the Town of Hempstead exclusive of its incorporated villages by establishing a permitting system which will enhance the delivery of municipal services, such as sanitation and code enforcement services, and emergency services such as fire, water and police services when such services are needed, and effectively aid in the maintenance of the peace and good order and a tool for the establishment of efficient planning.
C. 
The intent of this legislation is not to legalize the occupancy of any structure that predates the year 1930 or possesses a letter in lieu, nor is it an admission by the Town of Hempstead that said structures are legally occupied or habitable.
D. 
Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state, or extinguish the requirements of any local law, rule or statute of any agency having jurisdiction. In the case of a conflict between this article and other regulations, the more stringent requirement shall prevail.
A. 
Scope. This article shall apply to all rental dwelling units located within the Town of Hempstead, whether or not the use and occupancy thereof shall be permitted under the applicable use regulations for the zoning district in which such rental dwelling unit is located, as provided in this article. Any dwelling unit or any other premises subject to this article shall be presumed to be rented for a fee and a charge made if said premises are not occupied by the legal owner thereof.
B. 
Applicability. The provisions of this article shall be deemed to supplement applicable state and local laws, ordinances, codes and regulations. Nothing in this article shall be deemed to abolish, impair, supersede or replace existing remedies of the Town, county or state or existing requirements of any other provision of local laws or ordinances of the Town or county or state laws and regulations. In case of conflict between any provisions of this article and any applicable state or local law, ordinance, code or regulation, the more restrictive or stringent provision or requirement shall prevail. The issuance of any permit or the filing of any form under this article does not make legal any action or state of facts that is otherwise illegal under any other applicable legislation.
As used in this article, the following terms shall have the meanings indicated:
APARTMENT
An entirely self-contained dwelling unit containing complete housekeeping facilities, including cooking facilities, for only one family. An apartment shall have no enclosed space in common with any other dwelling or apartment other than vestibules, entrances, hallways or porches.
APARTMENT HOUSE OR GARDEN APARTMENT
A building or buildings arranged, intended or designed to be occupied by two or more individuals or families living independently of each other in apartments.
AUTHORIZED AGENT
Any person, organization, partnership, association, corporation or other legally recognized entity having actual or apparent authority to act on behalf of an owner regarding this article and all state and local rules, regulations and ordinances referenced herein. It shall be a rebuttable presumption that any person, organization, partnership, association, corporation or other legally recognized entity that accepts or receives rent or any other consideration from the occupant of a dwelling unit is an authorized agent.
BUILDING
A structure having a roof supported by columns or walls. When separated by a party wall without openings, it shall be deemed a separate building.
CODE ENFORCEMENT OFFICIAL
The official who is charged with the administration and enforcement of this article, or any duly authorized representative of such person, including but not limited to Building Inspector I, Code Enforcement Officer I, Code Enforcement Officer II, Code Enforcement Officer III, Plan Examiner I, Plan Examiner II, Plan Examiner III, Plumbing Inspector III, Assistant Supervisor of Inspection Services, Supervisor of Inspection Services, Deputy Commissioner of Buildings, Commissioner of Buildings of the Town of Hempstead, and such person(s) shall be certified as a New York State Code Enforcement Official.
DWELLING
A building designed exclusively for residential purposes and arranged or intended to be occupied by one individual or one family only. A dwelling shall not have a separate entrance leading to a separated living space which contains a stove, kitchen and/or attached plumbing fixtures.
DWELLING UNIT
A structure or building, one-, two- or three-family dwelling, apartments, multiunit apartments, apartment houses, condominiums, cooperatives, garden apartments or townhouses, occupied or to be occupied by one or more persons as a home or residence.
DWELLING, MULTIPLE
A building or portion thereof arranged, designed for or occupied by three or more families living independently of each other with separate cooking facilities. A boardinghouse, furnished-room house, dormitory, rooming house, tourist house or fraternity house is a building in which there are fewer than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence, and is a multiple dwelling; a dwelling occupied by one or two families with five or more transient boarders, roomer or lodgers in one or both households.
DWELLING, TWO-FAMILY
A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other.
FAMILY
One or more persons, whether or not related to each other by blood, marriage or adoption, all occupying a single, whole, legal single-or one-family dwelling unit as a traditional family or the functional equivalent of a traditional family, having access to and utilizing the whole of such dwelling unit, including but not limited to all rooms and housekeeping facilities, in common.
A. 
In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present:
(1) 
The group is one which in structure and function resembles a traditional family unit; and
(2) 
The occupants must share the entire single- or one-family dwelling unit and live and cook together as a single housekeeping unit without separation created by key locks, partitions, or walls. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and
(3) 
The occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and
(4) 
The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to:
(a) 
The presence of minor children regularly residing in the household who are enrolled in local schools;
(b) 
Members of the household have the same address for purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail;
(c) 
Members of the household are employed in the area;
(d) 
The household has been living together as a unit for a year or more whether in the current dwelling unit or in other dwelling units.
(e) 
Common ownership of furniture and appliances among the members of the household; and
(f) 
Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family.
KITCHEN
An area within a building which contains a sink, a refrigerator and an element utilized for heating or cooking of consumable goods.
MANAGING AGENT
Any individual, business, partnership, firm, corporation, enterprise, trust, company, industry, association, public utility or other legal entity responsible for the maintenance or operation of any rental property as defined within this article.
NEW PERMIT
A permit which is to be issued to the owner of an intended rental premises where such premises have not been the subject of a rental occupancy permit continuously prior to the date of application for the permit.
OCCUPANT
A natural person who leases, uses or occupies a dwelling unit.
OWNER
Any person or entity in whose name the real property upon which the dwelling unit is situated is recorded in the office of the Nassau County Clerk. The person or entity in whose name the real property is recorded in the office of the Nassau County Clerk shall be presumed to be the owner thereof.
RENEWAL RENTAL OCCUPANCY PERMIT
A permit which is to be issued to the owner of a rental dwelling unit where such premises have been the subject of a rental occupancy permit continuously prior to the date of application for the permit.
RENT
A return in money, property or other valuable consideration (including payment in kind or for services or other thing of value) for the use and occupancy or the right to the use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.
RENTAL DWELLING
A dwelling unit established, occupied, used or maintained for rental occupancy.
RENTAL OCCUPANCY
The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use.
RENTAL OCCUPANCY PERMIT
A permit which is issued upon application to the Code Enforcement Official and shall be valid for two years from the date of issuance.
TRANSIENT RENTAL PROPERTY
A dwelling unit or portion thereof, detached garage, dock, shed, pool, cabana, athletic or recreational court, or other outdoor accessory structure or yard area occupied or used by persons other than the owner or a family member of the owner and for which rent or other consideration is received by the owner, directly or indirectly, in exchange for occupation or use for a period of less than 28 nights. Transient rental property(-ies) shall not include properties used exclusively for nonresidential commercial purposes, or any legally operating hotel or motel as those uses are defined in the Building Zone Ordinance. The advertisement to use a transient rental property as defined herein on a short-term rental website such as Airbnb, HomeAway, VRBO and the like for a period of less than 28 days shall create a rebuttable presumption that the property is a transient rental property.
[Amended 6-20-2022 by L.L. No. 49-2023, effective 7-10-2023]
A. 
It shall be unlawful and a violation of this article for any person or entity who or which owns a dwelling unit in the Town to use, establish, maintain, operate, let, lease, rent or suffer or permit or allow the occupancy and use thereof as a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.
B. 
A rental occupancy permit issued under this article shall only be issued to the owner(s) of the real property at issue.
C. 
As a rental occupancy permit issued under this article is not transferable, in the event that the ownership of a rental dwelling is transferred, the new owner shall register the property within 30 days of the closing of title pursuant to the requirements set forth in this article. If the rental dwelling is not registered as required by this article, there will be a presumption that said property is being utilized as rental property by the new owner(s) in violation of this article.
D. 
No rental occupancy permit shall be granted to a transient rental property, and no person shall use or permit the use of a property or portion thereof as a transient rental property.
[Amended 6-20-2022 by L.L. No. 49-2023, effective 7-10-2023]
E. 
Rental occupancy permit fees. The owner of the rental dwelling unit shall submit an application to maintain rental occupancy. Such application shall be made upon forms to be furnished by the Town of Hempstead Department of Buildings. The fee for a rental occupancy permit shall be $500 for each property or structure containing one rental dwelling unit, and there shall be assessed an additional fee of $200 for each additional rental dwelling unit permit within the same property or structure having the same ownership. The fees shall be as follows:
(1) 
Each applicant shall remit, upon the submission of an application under this article, a nonrefundable rental occupancy permit application fee of $300 for each property or structure, which fee shall be reasonably related to the administrative costs for registering and processing the rental occupancy permit application form. Rental occupancy permit application fees will not be accepted until the application is complete.
(2) 
Once the application is approved, the initial application fee shall be applied as credit to the rental occupancy permit fee of $500 for each property or structure containing a single rental dwelling unit.
(3) 
If a property or structure contains more than one rental dwelling unit, each additional rental dwelling unit in that property or structure shall be subject to a rental occupancy permit fee of $200.
(4) 
If for any reason an application for a rental occupancy permit has been denied, the fee collected will be applied towards the administrative costs of maintenance and enforcement of this article.
(5) 
The required renewal paperwork for a rental occupancy permit shall be accompanied by the nonrefundable renewal application fee of $450; the fee shall be reasonably related to the administrative costs for processing the renewal of the rental occupancy permit and for the costs of the Town in monitoring and inspecting the rental dwelling unit. Each additional rental dwelling unit within the same structure, having the same ownership shall require a renewal fee of $200. Rental occupancy permit renewal fees will not be accepted until the application is complete.
(6) 
The renewal application fee, once the renewal is approved, shall be applied as credit to the rental occupancy permit fee of $450 for properties containing a single rental dwelling unit.
(7) 
In the event any registration and permit, or renewal thereof, is not obtained on or before the commencement of occupancy of a rental dwelling unit, or such earlier act by any person or entity which would require registration and a permit for such rental dwelling unit, a late charge for such registration and permit, or renewal, shall be paid, in addition to the required registration and permit fee, in an amount equal to two times the fee, prorated for the length of time of the overdue period.
A. 
An application for a rental occupancy permit for a rental dwelling unit shall be made in writing to the Building Department on a form provided therefor. Such application shall be filed and shall include the following:
(1) 
The name, address and telephone number of the owner of the dwelling unit intended for rental occupancy. In the event that said dwelling unit is owned by more than one individual or entity, each owner's name, address and telephone number shall be provided. In the event that the owner of the dwelling unit intended for rental occupancy is a corporation, partnership, limited-liability company or other business entity, the name, address and telephone number of each owner, officer, principal, shareholder, partner and/or member of such business entity shall be provided. In the event that the owner has an authorized agent acting on his behalf, that person's name, address and telephone number shall also be provided.
(2) 
Proof of residency of each owner.
(3) 
The street address and Nassau County Tax Map designation (section, block and lot or lots) of the premises intended for rental occupancy or the premises in which the rental dwelling units intended for occupancy are located.
(4) 
A description of the structure, including the number of rental dwelling units in the structure.
(5) 
A floor plan depicting the location, use and dimension of each room situated within the dwelling unit.
(6) 
The number of persons intended to be accommodated by, and to reside in, each such rental dwelling unit.
(7) 
A recent copy of the certified deed recorded with the office of the Nassau County Clerk and real property tax bill, confirming the ownership of record of the dwelling unit.
(8) 
A copy of the certificate of occupancy or certificate of compliance for the dwelling unit.
(9) 
A property survey of the premises drawn to scale not greater than 40 feet to one inch or, if not shown on the survey, a site plan, drawn to scale, showing all buildings, structures, walks, driveways and other physical features of the premises and the number, location and access of existing and proposed onsite vehicle parking facilities.
(10) 
A building permit for all buildings, improvements, alterations, and structures on the property, if any.
(11) 
Each application shall be executed by and sworn to under oath by the owner of the dwelling unit.
(12) 
If the owner or authorized agent of a dwelling unit resides or has his principal place of business located outside the County of Nassau, he is required to designate an agent who resides in the County of Nassau for the service of process of any notices set forth in this article or for the service of process of a violation of this article. The failure to provide the name, address and contact number of an agent for service of process shall be deemed a violation of this article.
B. 
Notwithstanding the above, no rental occupancy registration or permit shall be required for a residential care facility established under federal, New York State guidelines or for units where occupants are in an established care program.
No rental occupancy permit or renewal thereof shall be issued under any application unless the property shall be in compliance with all the provisions of the Code of the Town of Hempstead, the Building Zone Ordinance of the Town of Hempstead, New York State Uniform Fire Prevention and Building Code, the laws and sanitary and housing regulations of the County of Nassau and the laws of the State of New York.
A. 
The Code Enforcement Official shall review each rental permit application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units.
B. 
If satisfied that the proposed rental dwelling unit or units, as well as the premises in which the same are located, comply fully with all applicable state and local laws, ordinances, rules and regulations of the county and Town, and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure as defined in the Hempstead Town Code or create a nuisance to nearby properties, the Commissioner of Buildings Official shall issue the rental occupancy permit or permits. Notwithstanding the foregoing, the Commissioner of Buildings may deny such registration and permit, or renewal thereof, where there is an existing violation of any provision of the Hempstead Town Code, Building Zone Ordinance or New York State Uniform Fire Prevention and Building Code, at such property which is reasonably related to the safe use and occupancy of the property for residential purposes.
A. 
Board intent and purpose. The Town Board hereby finds that carbon monoxide, a colorless, odorless, poisonous gas produced by incomplete burning of solid, liquid and gaseous fuels used to heat homes or to operate motor vehicles, cook and produce heated water, presents a danger to the health of Town of Hempstead residents. The Town Board further finds that the loss of life caused by carbon monoxide poisoning is preventable by the proper installation and use of carbon monoxide alarms in rental dwellings.
B. 
Carbon monoxide alarms required in rental dwellings.
(1) 
Every rental dwelling, which contains a fuel-burning appliance or equipment, which shall be defined as any appliance capable of burning organic materials in accordance with this provision, shall have installed and shall maintain, in good working condition, the required number of carbon monoxide alarms, which shall have a battery backup if electrically operated. Such carbon monoxide alarm may be combined with a smoke-detecting device which complies with the New York State Uniform Fire Prevention and Building Code.
(2) 
Installation location.
(a) 
In every rental dwelling, a carbon monoxide alarm shall be installed adjacent to any bedroom maintained in such rental dwelling, as per manufacturer's specifications.
(b) 
In any additional area the Code Enforcement Official deems necessary.
(3) 
Compliance with other standards. Each approved carbon monoxide alarm shall comply with all applicable state, county and Town regulations, shall bear the label of a nationally recognized standard testing laboratory, and shall meet the standard of UL 2034, the Standard for Single and Multiple Station Carbon Monoxide Alarms, or its equivalent.
(4) 
Rendering alarm inoperable prohibited. Except as herein provided, it shall be prohibited to render an installed carbon monoxide alarm inoperable by breaking such alarm, painting the exterior, taping over the alarm, disabling the alarm, removing the battery or using any other method which prevents such carbon monoxide alarm from operating in the manner for which it was intended. This provision shall not apply to the normal procedure of replacing batteries in such carbon monoxide alarm.
C. 
Duty of owner.
(1) 
It shall be the duty of the owner of a rental dwelling to:
(a) 
Provide and install operational carbon monoxide alarm(s) in each rental dwelling as required that shall have a battery backup if electrically operated.
(b) 
As part of the rental permit application process, and in order to receive or renew a rental permit, complete a Town of Hempstead carbon monoxide detector certificate of installation and deliver the completed certificate to the Town of Hempstead Code Enforcement Official, depending upon the number of rental units prior to receiving or renewing a rental permit.
(c) 
Replace any carbon monoxide alarm that has been stolen, removed, found missing or rendered inoperable within five days of receiving notification from the occupant, as described in § 99-17D(1), that said alarm has been stolen, removed, found missing or rendered inoperable.
(d) 
Any carbon monoxide alarm(s) must be replaced as per manufacturer's specifications.
D. 
Duty of occupant. It shall be the duty of the occupant of a rental dwelling to:
(1) 
Notify the owner of the rental dwelling in writing if any carbon monoxide alarm has been stolen, removed, found missing or rendered inoperable.
(2) 
Test, maintain and replace required batteries for carbon monoxide alarms located in the rental dwelling at least every six months.
E. 
Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy and in which such judgment shall have been rendered.
A. 
All rental occupancy permits issued pursuant to this article shall be valid for a period of two years from the date of issuance.
B. 
Renewals.
(1) 
A renewal rental occupancy permit application signed by the owner on a form provided by the Building Department shall be completed and filed with the Building Department no later than 60 days before the expiration of any prior valid rental occupancy permit. A renewal rental occupancy permit application shall contain a copy of the prior valid rental occupancy permit issued by the Building Department.
(2) 
A renewal rental occupancy permit application shall contain a signed sworn statement setting forth the following:
(a) 
That there are no existing or outstanding violations of any federal, state or county laws, rules or regulations or of any Town of Hempstead local laws or ordinances pertaining to the property; and
(b) 
That there are no changes to any information as provided on the prior valid rental occupancy permit registration and application.
(3) 
The Code Enforcement Official shall review all paperwork submitted with each renewal rental permit application for completeness and accuracy and shall make an on-site inspection of the proposed rental dwelling unit or units.
(4) 
If satisfied that the proposed rental dwelling unit or units, as well as the premises in which the same are located, comply fully with all applicable state and local laws, ordinances, rules and regulations of the county and Town, and that such rental dwelling unit or units would not create an unsafe or dangerous condition or create an unsafe and substandard structure as defined in the Hempstead Town Code or create a nuisance to nearby properties, the Code Enforcement Official shall renew the rental occupancy permit or permits.
It shall be the duty of the Code Enforcement Official to maintain a register of the rental occupancy permits issued pursuant to this article. Such register shall be kept by Nassau County County Tax Map designation (section, block and lot or lots), permit number, and street address showing the name and address of the permittee, the number of rental dwelling units at such street address, the number of rooms in each such rental dwelling unit and the date that said rental occupancy permit expires for such unit.
The Code Enforcement Official is authorized to make, or cause to be made, inspections to determine the condition of rental dwelling units to safeguard the health, safety and welfare of the public. The Code Enforcement Official is authorized to enter, upon consent of the owner if the unit is unoccupied, or upon consent of the occupant if the unit is occupied, any rental dwelling unit and the premises in which the same is located, at any reasonable time, or at such other time as may be necessary in an emergency, without consent of the owner, authorized agent and/or tenant for the purpose of performing his duties under this article.
The Code Enforcement Official is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this article where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this article has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
Nothing in this article, except for provisions concerning emergency inspections, shall be deemed to authorize the Code Enforcement Official to conduct an inspection of any premises subject to this article without the consent of the owner of the premises and without a warrant duly issued by an appropriate court.
No change of occupancy or use shall be made in a building hereafter erected or altered that is not consistent with the certificate of occupancy or last-issued certificate of completion for such building unless a permit is secured. In the case of an existing building, no change of occupancy that would bring it under some special provision of this article shall be made unless the Code Enforcement Official, or his designee, upon inspection, finds that such building conforms substantially to the provisions of this article with respect to the proposed new occupancy and use, and issues a certificate of occupancy or a certificate of completion therefor.
Under New York State Public Officers Law § 87(2)(b), rental registration forms, and that portion of the rental occupancy permit application required, shall be exempt from disclosure under the Freedom of Information Law on the grounds that such disclosure would constitute an unwarranted invasion of personal privacy. The Code Enforcement Official will institute strict policies to ensure that such information is available only to Town personnel who are engaged in the enforcement of the provisions of this article.
A. 
It shall be unlawful and a violation of this article for any person, entity, corporation, broker or agent to list, advertise, repeatedly and/or knowingly show or otherwise offer for lease, rent or sale on behalf of the owner or authorized agent any dwelling unit which is, itself, a rental dwelling or which contains a rental dwelling, for which a current rental occupancy permit has not been issued by the Code Enforcement Official. It shall be the person's, entity's, corporations broker's or agent's duty to verify the existence of a valid rental occupancy permit before listing, repeatedly and/or knowingly showing or otherwise offering for lease, rent or sale any such dwelling or dwelling unit in the Town of Hempstead.
B. 
It shall be unlawful and a violation of this article for any person, entity, corporation, broker, or agent to cause an advertisement or solicitation for a rental dwelling or dwelling unit to be listed, placed, posted or submitted for inclusion on any website, in the mass media, or in printed materials, including flyers, handbill, mailed circular, social media, bulletin board, sign or electronic media, without such person, entity, corporation, broker or agent first verifying the existence of a valid rental occupancy permit. Violation of this section shall be unlawful and an offense within the meaning of the Penal Law of the State of New York.
A. 
It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if it contains more than one kitchen or if two or more of the following features are found to exist on the premises by the Code Enforcement Official authorized to enforce or investigate violations of Chapter 99 of the Code of the Town of Hempstead or any laws, codes, rules and regulations of the State of New York:
(1) 
More than one mailbox, mail slot or post office address;
(2) 
More than one doorbell or doorway on the same side of the dwelling unit;
(3) 
More than one gas meter;
(4) 
More than one electric meter;
(5) 
More than one connecting line for data and/or cable television service;
(6) 
More than one antenna, dish antenna or related receiving equipment;
(7) 
Separate entrances for segregated parts of the dwelling unit, including but not limited to bedrooms;
(8) 
Partitions or internal doors with locks which may serve to bar access between segregated portions of the dwelling unit, including but not limited to bedrooms;
(9) 
Separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit among its owners and occupants;
(10) 
The inability of any occupant to have lawful access to all parts of the dwelling unit; or
(11) 
A separate entrance leading directly to a separated living space containing a bathroom.
B. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
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 dwelling unit is occupied by someone other than the owner and the owner of the dwelling unit represents in writing or otherwise, to any person, establishment, business, institution or government agency, that he or she resides at an address other than the dwelling unit in question;
(2) 
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises;
(3) 
Utilities, cable, telephone or other services are in place or are requested to be installed or used at the dwelling unit in the name of someone other than the owner;
(4) 
Testimony by a witness that it is common knowledge in the community that a person other than the owner resides in the dwelling unit;
(5) 
Persons residing in the dwelling unit represent that they pay rent to the owner of the premises;
(6) 
There are separate entrances for segregated parts of the dwelling;
(7) 
There are partitions, key locks, or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;
(8) 
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;
(9) 
Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;
(10) 
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;
(11) 
A premises has been advertised on the Internet, in any newspaper, magazine, on a website, 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.
E. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
A. 
It shall be presumed that an owner of a dwelling unit does not reside within said dwelling unit if one or more of the following sets forth an address which is different than that of the dwelling unit:
(1) 
Voter registration;
(2) 
Motor vehicle registration;
(3) 
Driver's license; or
(4) 
Any other document filed with a public agency.
B. 
All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
[Amended 6-20-2022 by L.L. No. 49-2023, effective 7-10-2023]
A. 
Any person, association, firm, or corporation who or which violates any provision of this article or assists in the violation of any provision of this article shall be guilty of a violation, punishable:
(1) 
By a fine of not less than $1,000 and not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense.
(2) 
For any second conviction committed within a period of 10 years of the first conviction, such violation will be subject to a fine of not less than $2,500 nor more than $10,000 or by imprisonment for a period not to exceed 15 days, or both.
(3) 
For any third conviction, committed within a period of 10 years of the first conviction, such violation will be subject to a fine of not less than $5,000 nor more than $25,000 or by imprisonment for a period not to exceed 15 days, or both.
(4) 
For any fourth or subsequent offense, after having been convicted three or more times within a period of 10 years, such violation shall be prosecuted as an unclassified misdemeanor, with a minimum fine of $10,000 and a maximum fine of $50,000 and/by imprisonment for a period not to exceed 15 days, or both.
(5) 
Each day's continued violation shall constitute a separate additional violation of this article.
B. 
The Town is also authorized to commence any civil action for money damages and/or injunctive relief for violations of this chapter irrespective of any criminal action, and any party found liable for violating this chapter shall also be liable for the Town's costs related to the proceeding.
This article shall be enforced by the Code Enforcement Official as defined by this article.
A. 
A rental unit where the owner has been granted a mother-daughter residence permit pursuant to § 85-2 does not require a rental occupancy permit.
B. 
A rental unit where the owner has been granted a senior residence permit pursuant to § 256E[1] does not require a rental occupancy permit.
[1]
Editor's Note: See § 256E of the Town of Hempstead Building Zone Ordinance.
C. 
Rental units owned and operated by a government agency or housing authority do not require a rental occupancy permit.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in said judgment.
No violation of this article will be charged prior to August 1, 2017, and no violation of this article regarding failure to obtain a permit will be charged against a person or entity which:
A. 
Has filed the necessary application in proper form and in good faith, with all required information and attachments, on or before August 1, 2017;
B. 
Has consented to an inspection of the premises in question; and
C. 
Has not received a final determination on the application, for reasons over which the applicant has no control.