North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-132
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 living unit containing one or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family. ILLEGAL CONVERSION A change in the use of any room or rooms or space or spaces, whether or not any construction takes place, to create dwelling units or rooming units, without a permit from the Building Department and for which no certificate of occupancy or certificate of existing use exists. NONHABITABLE ROOM Rooms within a dwelling such as bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars and similar spaces that are not used frequently or during extended periods. NONHABITABLE SPACE Space used as kitchenettes, pantries, bath, toilet, laundry, dressing, locker, storage, utility, heater and boiler rooms, cellars, garages, closets, and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories. OCCUPYING Using a room or rooms or space or spaces for a specific purpose, including but not limited to sleeping. There shall be a rebuttable presumption that any room or rooms or space or spaces which have within them an assembled bed or daybed or mattress or convertible sofa or other convertible furniture or other sleeping provisions is occupied and used for sleeping purposes. OWNER A. Owner, lessee, agent or other person in control of a dwelling unit or rooming unit or any other person or persons or entity or entities having the right to possession of a dwelling unit or rooming 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. PERMIT THE OCCUPANCY AND USE Allowing a person or persons to utilize a room or rooms, space or spaces for a specific purpose, including but not limited to sleeping. An owner of any premises shall be responsible for and chargeable with knowledge of the utilization of any room or rooms or space or spaces within any premises under his/her ownership/control. 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 or rooming unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. ROOMING UNIT Any room or group of rooms forming a single habitable unit occupied or intended to be occupied by one or more persons as a home or residence for sleeping or living, but not for cooking purposes. There shall be a rebuttable presumption that any room, which shall have a door-locking device commonly called a "Yale lock" or similar device added in the door, is intended as a rooming unit.
Section 2-132 of North Hempstead's Code of Ordinances establishes the working vocabulary for the town's article on dwelling units and occupancy enforcement. Key terms defined include 'illegal conversion' (creating dwelling or rooming units without a Building Department permit or certificate of occupancy), 'owner' (broadly defined to include lessees and agents, and even tenants in relation to subtenants), and 'occupying' (which carries a rebuttable presumption when sleeping furniture is present). These definitions set the interpretive foundation for all enforcement actions and obligations that follow in the article.
Plain English — not legal advice.
Under § 2-132, the term 'owner' is defined broadly to encompass not just titleholders but also lessees, agents, and anyone with control over a dwelling or rooming unit, meaning property managers and long-term lessees may bear the same responsibilities as a deed holder. Compliant operators generally ensure that any change in room use that could constitute an 'illegal conversion' is preceded by obtaining the appropriate Building Department permit and certificate of occupancy. Because § 2-132 establishes that owners are charged with knowledge of how spaces within their property are used, operators typically conduct regular inspections and maintain documentation of permitted uses for all units and rooms.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-132 is relevant to tenants because it defines 'owner' in a way that can include a tenant who sublets to another person, meaning a subtenant's rights and a primary tenant's obligations may both be governed by this article. The definition of 'rent' under § 2-132 is also broad, covering payment in any form—money, services, or other consideration—regardless of whether a formal landlord-tenant relationship exists. Tenants who believe a space they occupy may be an illegal conversion, or who have questions about how these definitions affect their situation, can consult a tenant-rights organization or review the full article of North Hempstead's Code of Ordinances for context on enforcement procedures.
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
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API