North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-130

Legislative intent

In Force
Verified 11/10/2026 · Next check 12/10/2026
North HempsteadStatutory Standards

Operative Text

North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-130
A. The Town Board has determined that the Town of North Hempstead faces serious conditions arising from a proliferation of illegal housing, meaning residential dwelling units that are occupied in violation of the Town's Zoning Code. Most typically, these are additional dwelling or rooming units in a building that is approved for one-family or two-family use. B. The Town Board has further determined that illegal housing presents fire, health and safety risks to the occupants and to neighbors, that the additional residents in a neighborhood zoned for one- or two-family homes has a deleterious effect on the quality of life of the neighbors by increasing traffic and noise. Frequently, the illegal housing and illegal occupancy creates severe parking shortages in neighborhoods. Illegal housing and illegal occupancy increase demand on Town services beyond what is expected for a one- or two-family residential neighborhood and contribute to the costs of Town taxpayers by increasing the generation of garbage and sewage. Illegal housing and illegal occupancy also contribute to overcrowding in schools, parks and other public services. C. By their nature, illegal dwelling units or rooming units generally escape taxation as their existence is normally hidden and the value of the illegal tenancies is not captured for tax assessment purposes. D. The Town Board declares its purpose in adopting this legislation is to counter a situation which is harmful to the public health, safety and welfare. The Town Board declares its intention that this legislation be liberally construed and, further, declares its belief that every purchaser of real property in the past, present or future was, is and shall be obliged to comply with the legal occupancy level of the residence. No owner can excuse an illegal occupancy or rooming unit because the illegal conversion may have been made by a prior owner or operator. E. The Town Board finds that the inclusion of rebuttable presumptions, which have been upheld against constitutional challenge, will assist the Town within the context of enforcement and prosecution of illegal use and occupancy. F. The Town Board further finds that these code provisions will serve to aid in halting 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.
Source: Legislative text reproduced verbatim
Plain English

Section 2-130 of the North Hempstead Code of Ordinances sets out the Town Board's stated rationale for enacting rules against illegal housing — residential units occupied in violation of the Town's Zoning Code, most commonly extra dwelling or rooming units in buildings approved only for one- or two-family use. The Board identified a range of public concerns tied to such units, including fire, health, and safety risks, strain on town services, traffic and parking problems, school overcrowding, and lost tax revenue. The provision also establishes that property owners cannot avoid responsibility for an illegal unit simply because a prior owner created it, and that the legislation is to be interpreted broadly in enforcement.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 2-130, the Town of North Hempstead has made clear that responsibility for legal occupancy runs with the property, not just with the person who originally created any unauthorized unit. Compliant property owners generally verify that the number and type of dwelling or rooming units on their property match what is approved under the Town's Zoning Code before completing a purchase or continuing to rent. Because § 2-130 states that prior-owner conversions do not excuse current illegal occupancy, operators typically conduct due diligence on occupancy status and address any nonconforming conditions proactively.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 2-130 explains why North Hempstead enacted its illegal-housing rules, and understanding this legislative intent can be relevant context for tenants living in units whose legal status is uncertain. Tenants in such situations may have rights and remedies worth exploring — for example, some jurisdictions allow tenants to raise illegal-occupancy issues as a defense in eviction proceedings or to file complaints with local code-enforcement authorities. Consulting a tenant-rights organization familiar with North Hempstead's ordinances can help clarify what protections, if any, apply under § 2-130 and related provisions.

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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References Out

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References In

Rules and statutes that cite this regulation

North Hempstead Code § 2-103
North Hempstead Code § 2-113

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

Source Information

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