Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-19
Conflict of ordinances; effect of partial invalidity
Operative Text
A. In any case where a provision of this code is found to be in conflict with a provision of any zoning, building, fire safety provisions or health ordinance or code of this Town of Hempstead existing on the effective date of this code, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this code is found to be in conflict with a provision of any other ordinance or code of this Town of Hempstead existing on the effective date of this code which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this code shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code. B. Variances or modifications. (1) It shall be within the province of the enforcing 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 and 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. (2) Any dwelling or dwelling unit designated for rehabilitation and conservation under an urban renewal plan of the Town of Hempstead, requiring variation or modification from the provisions of this code, shall be approved by the Board of Urban Renewal Review, which shall consist of three members appointed by the Town Board, two of whom shall be the enforcing officer and the Director of Urban Renewal, and the third shall be a qualified citizen.
Section 88-19 of Hempstead Town Code Chapter 88 establishes two rules for resolving conflicts between this housing code and other local ordinances. When a conflict arises with zoning, building, fire safety, or health codes, whichever standard better protects public health and safety takes precedence; when a conflict arises with any other ordinance that sets a lower standard, this code prevails and the conflicting ordinance is effectively repealed to that extent. The section also allows the enforcing officer to grant variances from strict code requirements when rigid enforcement would cause undue hardship to a family unit, and a separate Board of Urban Renewal Review handles modification requests for properties under an urban renewal plan.
Plain English — not legal advice.
Under § 88-19, property owners and managers operating in Hempstead Town should be aware that this housing code is designed to 'win' any conflict with lower-standard local ordinances, meaning compliance with a less stringent rule does not automatically satisfy this code. Operators who believe strict enforcement of a specific provision would cause undue hardship to a family unit may seek a formal variance from the enforcing officer, with any approved modification recorded in the occupancy file. Properties designated for rehabilitation under a Town urban renewal plan have a separate pathway through the Board of Urban Renewal Review, which must approve any code modifications before work proceeds.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 88-19 of Chapter 88 is designed to ensure that residents in Hempstead Town are protected by the highest applicable health and safety standard whenever two local rules conflict, so a landlord cannot rely on a weaker ordinance to justify substandard conditions. Tenants should be aware that any variance or modification granted under this provision must be formally documented in the occupancy records, providing a paper trail that can be reviewed if questions arise about a property's compliance status. Those with concerns about how this provision is being applied to their building may contact the relevant Town enforcement department or reach out to a local tenant-rights organization for general guidance on how § 88-19 operates in practice.
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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