Hempstead Town, N.Y., Code of Ordinances ch. 99 (eCode360 ed. 2026) § 99-23
Change of occupancy prohibited
Operative Text
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.
Hempstead Town Code § 99-23 establishes that any change in how a building is occupied or used must align with the building's existing certificate of occupancy or certificate of completion. If a proposed change would bring the building under a special provision of the local code, the Code Enforcement Official must first inspect the building and confirm it substantially meets applicable requirements before issuing a new certificate. Without that official approval and updated certification, the change in occupancy or use is not permitted.
Plain English — not legal advice.
Under § 99-23, compliant property operators ensure that any shift in a building's occupancy type or use is reflected in a valid, current certificate of occupancy or certificate of completion before tenants or new uses move in. When a planned change would trigger special provisions of the Hempstead Town code, operators typically coordinate with the Code Enforcement Official to schedule an inspection and obtain the required certificate prior to making the change. Maintaining accurate occupancy documentation helps demonstrate that a property is being operated within the scope of its lawfully issued approvals.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 99-23 of the Hempstead Town Code means that a landlord generally cannot change how a building is occupied or used without first securing the proper permits and, where required, a new certificate of occupancy or completion from the Code Enforcement Official. If a tenant believes a building's current use does not match its lawful occupancy certification, that concern can be raised with the Hempstead Town Code Enforcement office or a local tenant-rights organization. Awareness of a building's certificate of occupancy status can be relevant when evaluating the legality of a rental arrangement or when raising a housing-code issue.
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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