Hempstead Town, N.Y., Code of Ordinances ch. 99 (eCode360 ed. 2026) § 99-28
Presumptive evidence of owner's residence
Operative Text
A. It shall be presumed that an owner of a dwelling unit does not reside within said dwelling unit if one or more of the following sets forth an address which is different than that of the dwelling unit: (1) Voter registration; (2) Motor vehicle registration; (3) Driver's license; or (4) Any other document filed with a public agency. B. All of the foregoing may be rebutted by evidence presented to the Code Enforcement Official or any court of competent jurisdiction.
Section 99-28 of Hempstead Town's Code of Ordinances establishes a legal presumption about owner-occupancy: if an owner's voter registration, motor vehicle registration, driver's license, or any other document filed with a public agency lists an address different from the dwelling unit in question, the owner is presumed not to reside there. This presumption is not absolute — it can be overcome by presenting contrary evidence to a Code Enforcement Official or a court. The provision essentially creates a starting point for determining residency status based on publicly filed records.
Plain English — not legal advice.
Under § 99-28, property owners who claim to reside in a dwelling unit should be aware that official documents on file with public agencies — such as a driver's license or voter registration — are examined to assess that claim. Compliant owner-occupants generally ensure that their publicly filed records are consistent with the address they assert as their residence. When a discrepancy exists, operators typically gather and preserve documentary evidence capable of rebutting the presumption before a Code Enforcement Official or court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 99-28 gives tenants and enforcement authorities a concrete framework for challenging an owner's claim of residency in a dwelling unit: if the owner's driver's license, voter registration, vehicle registration, or other public filings show a different address, the law presumes the owner does not live there. Tenants who believe an owner-occupancy claim is being used improperly may raise this presumption as part of a proceeding before a Code Enforcement Official or a court of competent jurisdiction. Tenant-rights organizations familiar with Hempstead Town's ordinances can help explain how § 99-28 may be relevant to a particular housing situation.
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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