Hempstead Village, N.Y., Code of Ordinances ch. 106 (eCode360 ed. 2026) § 106-12
Broker's responsibility prior to listing
Operative Text
It shall be unlawful and a violation of this chapter and an offense within the meaning of the Code of the Village of Hempstead for any broker or agent to list, show or otherwise offer for lease, rent or sale on behalf of the owner any dwelling unit for which a current rental occupancy permit has not been issued by the Superintendent of the Building Department or his or her delegate. It shall be the broker's or agent's duty to verify the existence of a valid permit before acting on behalf of the owner. In the event that a person convicted of a violation of § 106-3 shall have been a real estate broker or sales person licensed by the State of New York at the time such violation was committed, it shall be the duty of the Superintendent of Buildings or his or her delegate to transmit a record of such conviction to the Division of Licensing Services of the Department of State and to make complaint thereto against such license on behalf of the Village, pursuant to the provisions of New York State law.
Under Hempstead Village Code § 106-12, it is unlawful for any real estate broker or agent to list, show, or otherwise offer a dwelling unit for lease, rent, or sale unless a current rental occupancy permit has been issued by the Superintendent of the Building Department. The broker or agent bears an affirmative duty to confirm that a valid permit exists before taking any action on the owner's behalf. If a licensed broker or salesperson is convicted of violating § 106-3 in connection with this requirement, the Superintendent of Buildings must report that conviction to the New York State Division of Licensing Services and file a complaint against the licensee's real estate license.
Plain English — not legal advice.
Property owners in Hempstead Village should be aware that § 106-12 places the verification burden squarely on brokers and agents, meaning a listing cannot lawfully proceed without a current rental occupancy permit on file with the Building Department. Compliant operators typically ensure that a valid permit is obtained and readily available before engaging any broker or agent to market a dwelling unit. Keeping permit documentation current and accessible helps avoid situations where a broker's inability to verify a permit delays or prevents a lawful listing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 106-12 of the Hempstead Village Code gives tenants a basis to question whether a dwelling unit was lawfully listed or offered to them, since brokers and agents are prohibited from marketing units that lack a current rental occupancy permit. If a tenant believes a unit was shown or rented without such a permit, that potential violation can be raised with the Village's Building Department or explored as a defense in relevant proceedings. Tenant-rights organizations familiar with Hempstead Village regulations can help explain what options may be available when a permit was not in place at the time of listing.
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.
Effective Timeline
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Rules and statutes that cite this regulation