North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-101
Definitions
Operative Text
As used in this article, the following terms shall have the meanings indicated: CODE ENFORCEMENT OFFICER The Commissioner of Buildings or the Commissioner of Public Safety of the Town of North Hempstead or their delegates or assistants. 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, lessee, agent or other person in control of a dwelling unit or any other person or persons or entity or entities having the right to possession of a dwelling unit, except: (1) A 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 ; and (3) A not-for-profit corporation organized to own and operate a low-income or moderate-income senior-citizen housing project in conjunction with the New York State Division of Housing and Community Renewal. 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 occupancy or the right to the use and 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 home or residence 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 2-101 of North Hempstead's Code of Ordinances establishes the foundational definitions that govern the town's rental dwelling regulations. Key terms such as "owner," "rent," "dwelling unit," and "rental occupancy" are given broad meanings — for example, "rent" covers not just money but any valuable consideration exchanged for the right to occupy a unit, and "owner" can include tenants who sublet to others. Certain entities, including public housing authorities, qualifying cooperative corporations, and specific not-for-profit senior housing organizations, are explicitly excluded from the definition of "owner." A notable feature is the rebuttable presumption that any occupancy is a "rental occupancy" when the building owner does not live in the same building.
Plain English — not legal advice.
Under § 2-101, property owners and managers in North Hempstead should be aware that the definitions in this article are intentionally broad — the term "owner" extends to lessees, agents, and anyone else with control or possessory rights over a dwelling unit, meaning management companies and on-site agents may fall within its scope. Compliant operators generally ensure that any arrangement involving compensation for occupancy — whether cash, services, or other consideration — is treated as "rent" for purposes of this article. Those who do not reside in the same building as their tenants should be aware of the rebuttable presumption of rental occupancy established by § 2-101, which affects how their units are classified under the code.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-101 is relevant to tenants because it defines who qualifies as an "owner" under North Hempstead's rental regulations — and notably, a tenant who sublets to another person can themselves be considered an "owner" in relation to that subtenant, carrying associated responsibilities. The broad definition of "rent" means that arrangements involving services or other non-cash compensation in exchange for housing may still be covered by this article's protections and requirements. Tenants who believe their living situation falls under these definitions — or who have questions about how the rebuttable presumption of rental occupancy applies to their building — may wish to consult a tenant-rights organization or review the full provisions of Chapter 2 of the North Hempstead Code of Ordinances.
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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