Hempstead Town, N.Y., Code of Ordinances ch. 99 (eCode360 ed. 2026) § 99-12

As used in this article, the following terms shall have the meanings indicated: APARTMENT An entirely self-contained dwelling unit containing complete housekeeping facilities, including cooking facilities, for only one family. An apartment shall have no enclosed space in common with any other dwelling or apartment other than vestibules, entrances, hallways or porches. APARTMENT HOUSE OR GARDEN APARTMENT A building or buildings arranged, intended or designed to be occupied by two or more individuals or families living independently of each other in apartments. AUTHORIZED AGENT Any person, organization, partnership, association, corporation or other legally recognized entity having actual or apparent authority to act on behalf of an owner regarding this article and all state and local rules, regulations and ordinances referenced herein. It shall be a rebuttable presumption that any person, organization, partnership, association, corporation or other legally recognized entity that accepts or receives rent or any other consideration from the occupant of a dwelling unit is an authorized agent. BUILDING A structure having a roof supported by columns or walls. When separated by a party wall without openings, it shall be deemed a separate building. CODE ENFORCEMENT OFFICIAL The official who is charged with the administration and enforcement of this article, or any duly authorized representative of such person, including but not limited to Building Inspector I, Code Enforcement Officer I, Code Enforcement Officer II, Code Enforcement Officer III, Plan Examiner I, Plan Examiner II, Plan Examiner III, Plumbing Inspector III, Assistant Supervisor of Inspection Services, Supervisor of Inspection Services, Deputy Commissioner of Buildings, Commissioner of Buildings of the Town of Hempstead, and such person(s) shall be certified as a New York State Code Enforcement Official. DWELLING A building designed exclusively for residential purposes and arranged or intended to be occupied by one individual or one family only. A dwelling shall not have a separate entrance leading to a separated living space which contains a stove, kitchen and/or attached plumbing fixtures. DWELLING UNIT A structure or building, one-, two- or three-family dwelling, apartments, multiunit apartments, apartment houses, condominiums, cooperatives, garden apartments or townhouses, occupied or to be occupied by one or more persons as a home or residence. DWELLING, MULTIPLE A building or portion thereof arranged, designed for or occupied by three or more families living independently of each other with separate cooking facilities. A boardinghouse, furnished-room house, dormitory, rooming house, tourist house or fraternity house is a building in which there are fewer than 30 sleeping rooms occupied primarily by transients who are lodged with or without meals and in which there are provided such services as are incidental to its use as a temporary residence, and is a multiple dwelling; a dwelling occupied by one or two families with five or more transient boarders, roomer or lodgers in one or both households. DWELLING, TWO-FAMILY A building arranged, designed for or occupied exclusively as a home or residence for not more than two families living independently of each other. FAMILY One or more persons, whether or not related to each other by blood, marriage or adoption, all occupying a single, whole, legal single-or one-family dwelling unit as a traditional family or the functional equivalent of a traditional family, having access to and utilizing the whole of such dwelling unit, including but not limited to all rooms and housekeeping facilities, in common. A. In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria must be present: (1) The group is one which in structure and function resembles a traditional family unit; and (2) The occupants must share the entire single- or one-family dwelling unit and live and cook together as a single housekeeping unit without separation created by key locks, partitions, or walls. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family; and (3) The occupants share expenses for food, rent, ownership costs, utilities and other household expenses; and (4) The occupancy is permanent and stable. Evidence of such permanence and stability includes, but is not limited to: (a) The presence of minor children regularly residing in the household who are enrolled in local schools; (b) Members of the household have the same address for purposes of voter registration, drivers' licenses, motor vehicle registration, filing of taxes and delivery of mail; (c) Members of the household are employed in the area; (d) The household has been living together as a unit for a year or more whether in the current dwelling unit or in other dwelling units. (e) Common ownership of furniture and appliances among the members of the household; and (f) Any other factor reasonably related to whether or not the occupants are the functional equivalent of a family. KITCHEN An area within a building which contains a sink, a refrigerator and an element utilized for heating or cooking of consumable goods. MANAGING AGENT Any individual, business, partnership, firm, corporation, enterprise, trust, company, industry, association, public utility or other legal entity responsible for the maintenance or operation of any rental property as defined within this article. NEW PERMIT A permit which is to be issued to the owner of an intended rental premises where such premises have not been the subject of a rental occupancy permit continuously prior to the date of application for the permit. OCCUPANT A natural person who leases, uses or occupies a dwelling unit. OWNER Any person or entity in whose name the real property upon which the dwelling unit is situated is recorded in the office of the Nassau County Clerk. The person or entity in whose name the real property is recorded in the office of the Nassau County Clerk shall be presumed to be the owner thereof. RENEWAL RENTAL OCCUPANCY PERMIT A permit which is to be issued to the owner of a rental dwelling unit where such premises have been the subject of a rental occupancy permit continuously prior to the date of application for the permit. RENT A return in money, property or other valuable consideration (including payment in kind or for services or other thing of value) for the use and occupancy or the right to the use and occupancy of a dwelling unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. RENTAL DWELLING A dwelling unit established, occupied, used or maintained for rental occupancy. RENTAL OCCUPANCY The occupancy or use of a dwelling unit by one or more persons as a home or residence under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. RENTAL OCCUPANCY PERMIT A permit which is issued upon application to the Code Enforcement Official and shall be valid for two years from the date of issuance. TRANSIENT RENTAL PROPERTY A dwelling unit or portion thereof, detached garage, dock, shed, pool, cabana, athletic or recreational court, or other outdoor accessory structure or yard area occupied or used by persons other than the owner or a family member of the owner and for which rent or other consideration is received by the owner, directly or indirectly, in exchange for occupation or use for a period of less than 28 nights. Transient rental property(-ies) shall not include properties used exclusively for nonresidential commercial purposes, or any legally operating hotel or motel as those uses are defined in the Building Zone Ordinance. The advertisement to use a transient rental property as defined herein on a short-term rental website such as Airbnb, HomeAway, VRBO and the like for a period of less than 28 days shall create a rebuttable presumption that the property is a transient rental property.