Hempstead Town, N.Y., Code of Ordinances ch. 99 (eCode360 ed. 2026) § 99-21
Application for search warrant
Operative Text
The Code Enforcement Official is authorized to make application to any court of competent jurisdiction for the issuance of a search warrant in order to conduct an inspection of any premises covered by this article where the owner refuses or fails to allow an inspection of its rental premises and where there is reasonable cause to believe that a violation of this article has occurred. The application for a search warrant shall in all respects comply with the applicable laws of the State of New York.
Section 99-21 of Hempstead Town's Code of Ordinances establishes that the Code Enforcement Official has the legal authority to seek a court-issued search warrant when a property owner refuses or fails to permit an inspection of rental premises covered by the article and there is reasonable cause to believe a violation has occurred. The warrant application must comply fully with New York State law. This provision ensures that an owner's refusal to allow entry does not permanently block code enforcement from investigating potential violations.
Plain English — not legal advice.
Under § 99-21 of Hempstead Town Code ch. 99, a compliant rental property operator generally cooperates with scheduled or requested inspections rather than refusing or failing to allow access. When an owner declines entry, the Code Enforcement Official is empowered to pursue a court-issued search warrant, escalating what might have been a routine inspection into a formal legal proceeding. Operators who maintain accessible, well-documented rental premises typically avoid the circumstances that trigger a warrant application.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 99-21 of Hempstead Town Code ch. 99 provides a mechanism that supports tenants indirectly: if a landlord blocks a code enforcement inspection, the Code Enforcement Official can seek a court-issued search warrant to gain access and investigate potential violations. Tenants who believe conditions on their rental premises may violate the article can report concerns to the Town's Code Enforcement office, which has the legal tools to proceed even over an owner's objection. Tenant-rights organizations familiar with Hempstead Town regulations can help explain what options may be available when an inspection is being obstructed.
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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