Hempstead Village, N.Y., Code of Ordinances ch. 106 (eCode360 ed. 2026) § 106-1
Definitions
Operative Text
As used in this chapter, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICER The Superintendent of the Building Department and Ordinance Inspector, Deputy Building Superintendent, Village Code Inspector, Code Enforcement Officer, Zoning Inspector, Assistant Superintendent of Building Department, Senior Building Inspector, Building Inspector, Senior Fire Prevention Inspector, Fire Prevention Inspector, Electrical Inspector, Housing Inspector, Inspector of Street Maintenance, and Complaint Investigator. DWELLING UNIT A structure or building or part thereof or an area, room or rooms therein occupied or to be occupied by one or more persons as a home or residence. OWNER A. Owner or any other person or persons or entity or entities having the right to possession of a dwelling unit, except: (1) Public housing authority organized as such under the laws of the State of New York. (2) A cooperative corporation whose offering statement or prospectus has been accepted by the New York State Attorney General for filing under General Business Law § 352-e ; (3) A not-for-profit corporation organized to own and operate a housing project, group home, or an assisted-living or moderate-income senior-citizen housing project in conjunction with New York State; (4) A nursing home or an assisted-living facility; and (5) A state-, county-, town- or village-operated group home or treatment facility. B. Under this definition, a tenant can be an owner in relation to a subtenant. RENT A return, in money, property or other valuable consideration (including payment in kind or services or other thing of value), for use and/or occupancy or the right to the use and/or 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 UNIT 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 dwelling unit under an arrangement whereby the occupant or occupants thereof pay rent for such occupancy and use. There is a rebuttable presumption that any occupancy or use of a dwelling unit is a rental occupancy if the owner of the building containing the dwelling unit does not reside in the same building.
Section 106-1 of Hempstead Village Code Chapter 106 establishes the foundational vocabulary for the entire chapter by defining key terms such as 'Dwelling Unit,' 'Owner,' 'Rent,' 'Rental Dwelling Unit,' and 'Rental Occupancy.' Notably, the definition of 'Owner' excludes certain entities like public housing authorities, cooperative corporations with Attorney General-accepted filings, and specific nonprofit or government-operated facilities. The provision also creates a rebuttable presumption under § 106-1 that any occupancy is a rental occupancy when the building owner does not live in the same building, meaning that presumption can be challenged with contrary evidence.
Plain English — not legal advice.
Under § 106-1, property owners and managers should understand that the chapter's obligations apply broadly to anyone holding the right to possession of a dwelling unit, with specific carve-outs for public housing authorities, qualifying cooperatives, certain nonprofits, and government-operated facilities. Compliant operators generally familiarize themselves with how 'Rent' is defined here — it encompasses not just monetary payments but also services or other valuable consideration exchanged for occupancy rights. Operators who do not reside in the same building as their rental units should be aware that § 106-1 establishes a rebuttable presumption of rental occupancy, which shapes how the chapter's requirements apply to their properties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 106-1 is relevant to tenants because it defines who qualifies as an 'Owner' subject to the chapter's rules and clarifies that a tenant can themselves be treated as an owner with respect to a subtenant, carrying corresponding responsibilities. The broad definition of 'Rent' under § 106-1 means that arrangements involving payment in services or other non-monetary consideration may still be covered by the chapter's protections and obligations. Tenants who believe their living arrangement falls under these definitions — or who have questions about whether an exemption applies — may wish to consult a tenant-rights organization or review the full text of Chapter 106 for context.
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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