Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-16

Requirements for multiple residences' registry, fees, permits and certificates of occupancy

In Force
Verified 11/9/2026 · Next check 2/7/2027
Hempstead TownInspections, Registration & Licensing

Operative Text

Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-16
A. Registry of owner. Every owner of a multiple residence in the Town of Hempstead shall be required to register such building with the Building Department on such form or forms as prescribed by the Manager of such Department. A new form shall be filed whenever there is a change of ownership, and it shall be the responsibility of the new owner to see that such form is filed within a period of 30 days from the date of taking title. B. Registry fee. On or after the effective date of this subsection, every owner or prospective owner of a Class A or Class B multiple residence, as defined in this chapter, which is presently within the town, or which may hereafter be erected therein, shall be required to register said multiple residence with the Department of Buildings annually and pay an annual fee based upon the number of dwelling units. The annual registration fee for a multiple residence shall be $30 for up to and including 10 units, and $2.50 per unit thereafter for the year in which the registration fee is paid, without proportion, payable to the Town of Hempstead on or before September 1 each year. C. Permits. (1) It shall be unlawful to commence the construction or alteration of a multiple residence or any part or section thereof or of any building or structure on the same lot with such a residence or the alteration or conversion of a building for use as a multiple residence or the moving of a residence from one lot to another, until an application or plans have been filed in and a permit issued by the Building Department. The Building Department shall have the power to charge and collect a reasonable fee for each application filed and for each permit issued. (2) No person shall be recognized as the agent of the owner unless he shall file with the Building Department a written instrument, signed by the owner, designating him as such agent. Upon the filing of such instrument, the person designated therein as such agent shall be deemed to be and shall be known as the certified agent of the owner. (3) The owner of any multiple residence situated in the Town of Hempstead who does not live or reside in such town shall be required to designate and certify a responsible agent who shall live, reside or have a place of business in the Town of Hempstead. (4) The Building Department shall have power to issue, refuse, revoke or cancel any permit or approval in case of any failure to comply with any of the provisions of this code or where any false allegation or representation is made in any plans or statements submitted or filed for such permit or approval. If such permit is refused, revoked or canceled, the reason for such action shall be recorded by the Department. (5) All plans, statements and permits filed in the Building Department shall be public records and shall not be destroyed or removed from the Department. D. Certificate of occupancy. (1) No multiple residence shall be occupied in whole or in part until the issuance of a certificate by the Building Department that said residence conforms in all respects with the requirements of this code. No such certificate shall be required for any multiple residence existing on July 1, 1952, for which a certificate of occupancy was not required before such date and in which no change or alterations commenced on or after such date have been made except in compliance with this code, and except that a certificate shall be required prior to July 1, 1957, for any residence, the plans for the alteration or conversion of which to multiple-residence occupancy were on file with the Department or a permit authorizing such conversion was issued before such date and for which a certificate of occupancy upon completion of such conversion or alteration was not required before such date. This exception shall not be deemed to relieve an owner from the obligation to make such residence comply with the applicable provisions of this code. (2) Except as above provided, no residence constructed as or altered or converted into a multiple dwelling on or after July 1, 1952, shall be occupied in whole or in part until the issuance of a certificate of occupancy. (3) The Building Department shall, on request of the owner or of his certified agent, issue a certificate of occupancy for any old multiple residence not requiring such certificate, provided that after an inspection by the Department, no violations are found against such residence. (4) A certificate of occupancy shall be issued within 10 days after written application therefor, if the residence shall be entitled thereto. When the Building Department does not issue such certificate within 10 days, the Manager of the Building Department shall, on the request of the owner or his certified agent, issue a temporary certificate of occupancy for a multiple residence or a section or a part thereof for a period of 90 days or less, provided that such certificate shall bear the endorsement that the residence has been inspected by the Department and complies with all the requirements of this code, and that such temporary occupancy will not jeopardize life, health or property. Such temporary certificate may be renewed at the discretion of the Manager of the Building Department for similar periods, but shall not extend, together with such renewals, beyond one year from the date of its original issuance. (5) A certificate, a record in the Building Department, or a statement signed by the Manager of the Department that a certificate has been issued, may be relied upon by every person who in good faith purchases a multiple residence or who in good faith lends money upon the security of a mortgage covering such a residence. Whenever any person has so relied upon such a certificate, no claim that such residence had not prior to the issuance of such certificate, conformed in all respects to the provisions of this code, shall be made against such person or his successor in title or ownership with respect to such multiple residence or mortgage, or against the interest of any such person with respect thereto. (6) The owner or duly registered agent shall be required to file an application for a special inspection of such multiple residence to determine that such building complies with the Multiple Residence Law prior to the granting of a certificate of occupancy. Such fee shall be set and stipulated by the Town Board.
Source: Legislative text reproduced verbatim
Plain English

Hempstead Town, N.Y., Code of Ordinances ch. 88 § 88-16 establishes a comprehensive registration, permitting, and occupancy certification framework for multiple-residence buildings within the Town of Hempstead. Every owner of such a building must register with the Building Department, pay annual fees scaled to the number of units (starting at $30 for up to 10 units, then $2.50 per additional unit), and obtain permits before any construction or alteration begins. No multiple residence may be occupied—in whole or in part—without a certificate of occupancy confirming the building meets all applicable code requirements, and owners who live outside the town must designate a local certified agent on file with the Building Department.

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

Plain English — not legal advice.

For Property Managers

Under § 88-16, compliant operators of multiple residences in Hempstead register their buildings with the Building Department, submit updated registration forms within 30 days of any ownership transfer, and pay the annual fee by September 1 each year. Before commencing any construction, alteration, or conversion, they secure the required permit and ensure all plans on file are accurate, since false representations can result in permit refusal, revocation, or cancellation. Owners who do not live or maintain a residence in the Town of Hempstead designate and certify a responsible local agent by filing the appropriate written instrument with the Building Department, and they apply for a special inspection prior to receiving a certificate of occupancy as required by § 88-16(D)(6).

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

For Tenants

Section 88-16 of the Hempstead Town Code provides tenants with an important baseline protection: a multiple residence cannot lawfully be occupied—even partially—without a valid certificate of occupancy confirming the building meets all code requirements. Tenants can request to review permits, plans, and certificates of occupancy, as § 88-16(C)(5) designates these as public records that must remain on file with the Building Department. Those who believe a building is being occupied without proper certification or that required registrations are lapsed may raise these issues as potential code violations with the Building Department, or seek guidance from a local tenant-rights organization familiar with Hempstead Town regulations.

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

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

Hempstead Town Code § 88-3
Hempstead Town Code § 88-5
Hempstead Town Code § 88-12
Hempstead Town Code § 88-1
Hempstead Town Code § 88-12
Hempstead Town Code § 88-12
Hempstead Town Code § 88-3
Hempstead Town Code § 88-5
Hempstead Town Code § 88-15
Hempstead Town Code § 88-13

Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

Source Information

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