Hempstead Village, N.Y., Code of Ordinances ch. 106 (eCode360 ed. 2026) § 106-14
Presumptions applicable to rental registration enforcement and prosecutions
Operative Text
A. Within the context of rental registration enforcement and prosecutions, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used as a rental occupancy: (1) The property is occupied by someone other than the owner, and the owner of the property represents, in writing or otherwise, to any person or establishment, business, institution or government agency that he resides at an address other than the subject property; (2) Utilities, cable, phone or other services are in place or requested to be installed or used at the premises in the name of someone other than the record owner; (3) There are separate entrances for segregated parts of the dwelling; (4) There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms; (5) There exists a separate written or oral lease or rental arrangement, payment or agreement for portions of the dwelling among its owner(s) and/or occupants and/or persons in possession thereof; (6) Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit; (7) There are two or more kitchens each containing one or more of the following: a range, oven, hot plate, microwave or other similar device customarily used for cooking or preparation of food and/or a refrigerator; (8) A premises has been advertised in any newspaper, magazine, local advertising publication or posted or billed as being available for rent; (9) There is more than one mailbox at the premises; (10) There is more than one gas meter at the premises; (11) There is more than one electric meter at the premises; (12) There is more than one doorbell at the premises; (13) There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname; (14) There are more than three waste receptacles, cans, containers, bags, or boxes containing waste from the premises placed for pickup at least twice during a weekly garbage pickup period; (15) There is no electric meter annexed to the exterior of the premises. B. Nothing herein shall be construed to prevent persons living together as a family unit with the owner.
Section 106-14 of Hempstead Village's Code of Ordinances establishes a list of observable conditions—such as separate entrances, multiple utility meters, separate mailboxes, or a lease arrangement—that automatically raise a legal presumption that a property is being used as a rental. This presumption is 'rebuttable,' meaning it can be challenged with contrary evidence, but it shifts the burden in enforcement proceedings. The rule also clarifies that people living together as a family unit with the owner are not affected by these presumptions.
Plain English — not legal advice.
Under § 106-14, property owners in Hempstead Village should be aware that common physical and administrative features of their property—such as multiple doorbells, separate entrances, more than one utility meter, or utilities listed in a non-owner's name—can trigger a legal presumption of unlawful rental occupancy during enforcement actions. Compliant operators generally ensure that any rental arrangement is properly registered and that the property's physical configuration aligns with its registered use. Maintaining accurate records and registration documentation is a common practice for demonstrating that a presumption under this section does not apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 106-14 governs how Hempstead Village establishes whether a property is being used as a rental during enforcement and prosecution proceedings, which can have implications for tenants living in unregistered units. Tenants who believe their housing situation is affected by enforcement actions under this provision may benefit from consulting a tenant-rights organization familiar with Hempstead Village's rental registration requirements. Understanding which conditions under § 106-14 triggered any enforcement action can be relevant when evaluating available options or responses.
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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