Hempstead Town, N.Y., Code of Ordinances ch. 99 (eCode360 ed. 2026) § 99-26
Presumptive evidence of violations of article
Operative Text
A. It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if it contains more than one kitchen or if two or more of the following features are found to exist on the premises by the Code Enforcement Official authorized to enforce or investigate violations of Chapter 99 of the Code of the Town of Hempstead or any laws, codes, rules and regulations of the State of New York: (1) More than one mailbox, mail slot or post office address; (2) More than one doorbell or doorway on the same side of the dwelling unit; (3) More than one gas meter; (4) More than one electric meter; (5) More than one connecting line for data and/or cable television service; (6) More than one antenna, dish antenna or related receiving equipment; (7) Separate entrances for segregated parts of the dwelling unit, including but not limited to bedrooms; (8) Partitions or internal doors with locks which may serve to bar access between segregated portions of the dwelling unit, including but not limited to bedrooms; (9) Separate written or oral leases or rental arrangements, payments or agreements for portions of the dwelling unit among its owners and occupants; (10) The inability of any occupant to have lawful access to all parts of the dwelling unit; or (11) A separate entrance leading directly to a separated living space containing a bathroom. B. All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
Section 99-26 of Hempstead Town's Code establishes a legal presumption that a single-family dwelling is being used as a multi-family dwelling when certain physical or administrative features are present. If a Code Enforcement Official finds more than one kitchen, or discovers two or more of eleven listed indicators—such as multiple meters, separate entrances, or independent lease arrangements—the property is presumed to house more than one family. This presumption is not absolute; it can be challenged and rebutted by evidence presented to the Code Enforcement Official or a court of competent jurisdiction.
Plain English — not legal advice.
Under § 99-26 of Chapter 99 of the Hempstead Town Code, a compliant operator of a single-family dwelling generally ensures that the property does not display combinations of features—such as multiple utility meters, separate lockable interior partitions, or independent lease arrangements—that would trigger the multi-family occupancy presumption. Operators typically maintain a single unified living arrangement with shared access throughout the dwelling to avoid findings by a Code Enforcement Official. When a presumption is raised, property owners have the opportunity to present rebuttal evidence to the Code Enforcement Official or a court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 99-26 of the Hempstead Town Code outlines the physical and administrative conditions that a Code Enforcement Official may use to presume that a single-family dwelling is being occupied as a multi-family unit. Tenants who believe their living arrangement is being mischaracterized, or who are affected by an enforcement action under Chapter 99, may present rebuttal evidence to the Code Enforcement Official or a court of competent jurisdiction. Tenant-rights organizations familiar with Hempstead Town regulations can help individuals understand what evidence may be relevant in such situations.
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
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation