North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-135
Occupancy of excess units prohibited
Operative Text
It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any owner who owns a dwelling unit in the Town to establish, maintain, use, let, lease, rent or suffer or permit the occupancy and use of any room or space or dwelling unit or rooming unit for which rent is sought or paid and creates more dwelling units or rooming units than permitted by the certificate of occupancy or certificate of existing use for said property.
North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-135 prohibits property owners from creating, maintaining, or renting out more dwelling or rooming units than are authorized by the property's certificate of occupancy or certificate of existing use. Any arrangement where rent is sought or paid for a unit or space that exceeds the permitted number of units is considered unlawful under this article. The provision also classifies such conduct as a criminal offense under New York State Penal Law, meaning it carries potential consequences beyond a local code violation.
Plain English — not legal advice.
Under North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-135, compliant property owners ensure that the number of occupied, rented, or leased dwelling or rooming units on a property never exceeds what is authorized by the certificate of occupancy or certificate of existing use on file for that property. Operators generally review their certificates before establishing any new rental arrangement and refrain from collecting rent for any space that would push the unit count beyond the permitted limit. Because violations may be treated as offenses under New York State Penal Law, maintaining accurate and up-to-date occupancy documentation is a standard practice for compliant operators in the Town.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-135 of the North Hempstead Code of Ordinances means that if a tenant is renting a unit that exceeds the number of units permitted by the property's certificate of occupancy, the landlord may be operating unlawfully. Tenants who suspect they are living in an unpermitted unit may look into the property's certificate of occupancy through the Town of North Hempstead's building or housing department to verify the authorized unit count. Tenant-rights organizations and legal aid services can help explain how an owner's violation of ch. 2 § 2-135 might be raised in a housing proceeding or used to understand available options.
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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