North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-119
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
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.
North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-119 establishes a set of physical and documentary conditions that, if observed, create a legal presumption that a property is being used as a rental — even without direct proof of a lease or payment. Under subsection A, any single listed indicator (such as utilities in a non-owner's name, separate entrances, or a rental advertisement) is sufficient to trigger this presumption; under subsection B, any two of a second set of indicators (such as multiple mailboxes or meters) together trigger the same presumption. These are 'rebuttable' presumptions, meaning the property owner may present evidence to counter them. The provision also extends these presumptions to enforcement of illegal use and occupancy violations, while explicitly protecting arrangements where people live together as a family unit with the owner.
Plain English — not legal advice.
Operators subject to North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-119 should be aware that physical features of a property — such as separate entrances, multiple kitchens, utilities registered to non-owners, or rental advertisements — can independently trigger a legal presumption of rental occupancy during enforcement proceedings. Compliant operators generally ensure that their properties are properly registered as rentals when any of these conditions exist, and they maintain documentation that can rebut any presumption that arises from ambiguous property characteristics. Because the presumptions under § 2-119 also apply to illegal use and occupancy enforcement, operators managing multi-occupant properties benefit from keeping clear records of occupancy arrangements and registration status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-119, tenants may find it relevant that the presence of certain conditions at a property — like separate entrances, a non-owner's name on utilities, or multiple meters — can serve as evidence in enforcement actions related to rental registration. If a tenant believes their housing situation involves an unregistered rental or illegal occupancy, they may consider contacting North Hempstead's code enforcement office or a local tenant-rights organization to understand what options are available. The provision's presumptions are rebuttable, meaning they can be challenged, which may be a factor in any formal proceeding related to the property's registration status under § 2-119.
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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