North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-133
Occupancy of units created by illegal conversions prohibited
Operative Text
It shall be unlawful and a violation of this article and an offense within the meaning of the Penal Law of the State of New York for any owner who owns a dwelling unit in the Town to establish, maintain, use, let, lease, rent or suffer or permit the occupancy and use of any room or space or dwelling unit or rooming unit for which rent is sought or paid and has been created by means of an illegal conversion.
North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-133 makes it unlawful for a property owner to establish, maintain, rent, or otherwise allow occupancy of any room, space, or dwelling unit that was created through an illegal conversion — meaning a unit that was added or altered without the required legal approvals. The prohibition applies regardless of whether rent is formally charged or simply accepted. This rule treats such conduct not only as a local code violation but also as a criminal offense under New York State Penal Law.
Plain English — not legal advice.
Under ch. 2 § 2-133 of the North Hempstead Code, compliant property owners ensure that every rentable unit in their dwelling has been created through a lawful conversion process, with all required permits and approvals in place before any occupancy or rent collection begins. Operators generally audit their properties to confirm that no unpermitted spaces — such as basement apartments or subdivided rooms — are being offered or used as rental units. Allowing tenants to occupy an illegally converted space exposes an owner to both local code violations and potential criminal liability under New York State Penal Law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-133 of the North Hempstead Code establishes that any unit created by an illegal conversion cannot lawfully be rented out, which means tenants living in such spaces may have significant legal standing regarding their tenancy and any rent paid. Tenants who believe their unit may have been created through an illegal conversion can contact the Town of North Hempstead's building or code enforcement department to inquire about the unit's permit status. Tenant-rights organizations familiar with Nassau County housing law can help explain what options may be available, including how this provision might be raised in housing court proceedings.
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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