North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-134
Occupancy of nonhabitable space 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 in a nonhabitable room or nonhabitable space.
North Hempstead, N.Y., Code of Ordinances ch. 2 § 2-134 prohibits the use of nonhabitable rooms or spaces as rentable dwelling or rooming units. Under this provision, any room or space that does not meet habitability standards cannot lawfully be offered, leased, or occupied in exchange for rent. The rule applies to all dwelling units within the Town of North Hempstead, and a violation is treated not merely as a local code infraction but as an offense under New York State Penal Law.
Plain English — not legal advice.
Property owners and managers operating in the Town of North Hempstead should be aware that ch. 2 § 2-134 classifies the renting of nonhabitable spaces as both a local code violation and a potential Penal Law offense. Compliant operators generally ensure that every room or unit offered for rent meets applicable habitability standards before it is listed, leased, or occupied. Maintaining documentation of inspections and habitability assessments is a practice commonly associated with ongoing compliance under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 2-134 of the North Hempstead Code of Ordinances gives tenants a basis to question the legality of any rental arrangement involving a space that does not meet habitability standards. Because a violation of this provision can rise to the level of a New York State Penal Law offense, tenants who believe they are renting a nonhabitable space may have grounds to raise this as a defense in housing proceedings or to report the condition to local code enforcement authorities. Tenant-rights organizations and legal aid services can help individuals understand what options may be available under this provision.
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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