North Hempstead, N.Y., Code of Ordinances ch. 28 (eCode360 ed. 2026) § 28-5
Application of provisions
Operative Text
A. The provisions of this code shall supplement local laws, ordinances, codes or regulations. Where a provision of this code is found to be in conflict with any provision of a local law, ordinance, code or regulation, the provision or requirement which is the more restrictive or which establishes the higher standard shall prevail. B. It shall be within the province of the Enforcement Officer to vary or modify any provisions of this code where the strict enforcement of such code would affect the family unit and would be contrary to public policy, welfare and cause undue hardship. Such variation or modification shall be noted in the records pertaining to this occupancy when approved by the department head. C. Notwithstanding the above, any alterations to buildings or structures or changes of use therein, which may be caused directly or indirectly by enforcement of this code, shall comply with Chapters 2 and 70 of the Town Code, and any and all necessary building permits or variances shall be obtained prior to their performance.
North Hempstead Code ch. 28 § 28-5 establishes how this housing code interacts with other local rules: when two rules conflict, the stricter or higher-standard rule controls. It also grants an Enforcement Officer the authority to ease a provision's requirements when rigid application would harm a family unit, contradict public policy, or cause undue hardship — with any such adjustment recorded in the official occupancy file. Finally, any physical alterations or changes of use triggered by enforcement of this code must still comply with Chapters 2 and 70 of the Town Code, and all required building permits or variances must be secured before work begins.
Plain English — not legal advice.
Under North Hempstead Code ch. 28 § 28-5, property owners and managers generally ensure that when this code overlaps with other local regulations, they follow whichever standard is more stringent. Compliant operators also recognize that if enforcement of this code requires physical changes to a building or a change of use, the work cannot proceed without first obtaining the applicable permits or variances under Chapters 2 and 70 of the Town Code. If a strict application of the code would create genuine hardship for a family unit, operators may seek a documented modification through the Enforcement Officer, with any approved variation recorded in the occupancy file.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
North Hempstead Code ch. 28 § 28-5 provides tenants with the assurance that the most protective standard applies whenever this code and another local rule conflict, meaning residents benefit from whichever rule sets the higher bar. Tenants should also be aware that the Enforcement Officer has discretion to modify a provision's requirements when strict enforcement would harm a family unit or cause undue hardship, and any such modification must be formally recorded in the occupancy records. Tenants who believe this provision is relevant to their situation may contact the North Hempstead housing or code enforcement office directly, or reach out to a local tenant-rights organization for general guidance on how § 28-5 might apply.
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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