North Hempstead, N.Y., Code of Ordinances ch. 2 (eCode360 ed. 2026) § 2-136
Presumptions applicable to enforcement and prosecutions of illegal use and occupancy
Operative Text
A. Within the context of enforcement and prosecutions of illegal use and occupancy, the presence or existence of any of the following shall create a rebuttable presumption that a premises is being used for an illegal use and 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 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) 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. B. Within the context of enforcement and prosecutions of illegal use and occupancy, the presence or existence of any two of the following shall create a rebuttable presumption that a premises is being used as an illegal use and occupancy: (1) There is more than one mailbox at the premises; (2) There is more than one gas meter at the premises; (3) There is more than one electric meter at the premises; (4) There is more than one doorbell at the premises; (5) There are three or more motor vehicles registered to the dwelling and each vehicle owner has a different surname; (6) 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; or (7) There is no electric meter annexed to the exterior of the premises. C. Nothing herein shall be construed to prevent persons living together as a family unit, with the owner, as defined by this Code.
North Hempstead Code ch. 2 § 2-136 establishes a set of evidentiary presumptions that enforcement officials and prosecutors may use when investigating whether a property is being used for illegal occupancy. Under Part A, any single listed condition—such as utilities registered to a non-owner, separate entrances, multiple kitchens, or a rental advertisement—is enough to trigger a rebuttable presumption of illegal use. Under Part B, any two of a second set of indicators—such as multiple mailboxes, separate utility meters, or multiple doorbells—together create the same presumption. These presumptions are rebuttable, meaning a property owner or occupant may present evidence to counter them, and the provision expressly does not restrict persons living together as a family unit with the owner.
Plain English — not legal advice.
Property owners in North Hempstead should be aware that ch. 2 § 2-136 identifies specific physical and administrative conditions that can trigger a legal presumption of illegal occupancy during enforcement actions. Compliant operators generally ensure that utility accounts, service registrations, and mailing addresses are consistent with the property's lawful use and ownership, and that the dwelling's layout does not suggest unauthorized subdivision. Owners who rent lawfully under applicable permits typically maintain documentation showing that occupancy arrangements conform to local zoning and housing codes, which can serve as rebuttal evidence if any of the listed indicators are observed by inspectors.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under North Hempstead Code ch. 2 § 2-136, tenants should understand that certain conditions at a property—such as separate entrances, multiple kitchens, or utilities in a non-owner's name—may be used by the municipality as evidence that the occupancy arrangement is illegal. If a tenant believes they are being displaced or penalized as a result of an enforcement action triggered by these presumptions, tenant-rights organizations and legal aid services can help explain what options may be available. Because the presumptions established by § 2-136 are rebuttable, occupants may have the ability to present evidence about the nature of their living arrangement, and consulting a housing attorney or local tenant advocacy group can help clarify what that process involves.
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