New Town of Hempstead Rental Regulations
New Town of Hempstead Rental Regulations
By: Ricardo J. Pena
Attention all current and future Town of Hempstead landlords!
The Town of Hempstead has recently passed a new regulation requiring rental permits for all rental properties. Below, please find a quick summary of the new rental permit code for the Town of Hempstead. At the bottom of this article, you will find the relevant new codes from the TOH Building Dept.
1. All single family homeowners seeking to rent out their property must obtain a rental permit.
2. The rental permit will only be issued to the real (deeded) owner of the property.
3. All permits are processed through the TOH Building Dept.
The rental permit is good for 2 years
There is a one time $500 fee for the initial permit
There is an additional $200 fee for each additional unit on the property (i.e. two-family or multi-family homes)
There is a $300 non-refundable down-payment required when submitting the application (If the permit is approved the $300 is credited toward the $500 fee if the permit is declined the down-payment is not refunded)
4. IT IS ILLEGAL TO ADVERTISE WHETHER BY THE OWNER OR THEIR BROKER FOR ANY PROPERTY WHICH DOES NOT HAVE A VALID RENTAL PERMIT.
5. If a property with an existing rental permit sells, the new owner has 30 days to transfer the permit into their name.
6. Renewal of an existing permit is also done through the building dept. with a $450 fee and $200 additional fee for each additional unit
There is a $450 non-refundable down-payment required when submitting the application (If the renewal is approved the $450 is credited toward the $450 fee if the renewal is declined the down-payment is not refunded)
Town of Hempstead Rental Permit Code
Chapter 88: HOUSING AND REHABILITATION CODE
Whenever any owner or tenant of any apartment in a multiple residence shall rent such apartment or any part thereof to more than two (2) boarders, roomers or lodgers, such renting shall constitute a use of such apartment for single-room occupancy.
It shall be unlawful for the owner or tenant of any multiple residences to rent any apartment therein for single-room occupancy, or to cause or permit any apartment so rented or any portion thereof to be used for single-room occupancy, without a permit.
It shall be unlawful to occupy any frame multiple residence more than two (2) stories in height for single-room occupancy.
This section shall not be construed to prohibit the letting by a family of one (1) or more rooms within their apartment to not more than two (2) boarders, roomers or lodgers, provided, however, that every room in such apartment shall have free and unobstructed access to each required exit.
It shall be unlawful to rent any room in any such dwelling for a period of less than one (1) week.
In each such dwelling, a register shall be kept which shall show the name, signature, residence, date of arrival and date of departure of each occupant and the room occupied by him.
Comes from ordinance adopted 11-26-1963, effective 12-27-1963.
Chapter 99 Registration and Permitting of Property
Article II. Rental Dwelling Units
§ 99- 13. Rental occupancy Permit required.
It shall be unlawful and a violation of this article for any person or entity who or which owns a dwelling unit in the Town to use, establish, maintain, operate, let, lease, rent or suffer or permit or allow the occupancy and use thereof as' a rental occupancy by someone other than the owner without first having obtained a valid rental occupancy permit therefor. Failure or refusal to procure a rental occupancy permit hereunder shall be deemed a violation.
A rental occupancy permit issued under this article shall only be issued to the owner(s) of the real property at issue.
As a rental occupancy permit issued under this article is not transferable, in the event that the ownership of a rental dwelling is transferred, the new owner shall register the property within 30 days of the closing of title pursuant to the requirements set forth in this article. If the rental dwelling is not registered as required by this article, there will be a presumption that. said property is being utilized as rental property by the new owner(s) in violation of this article.
No rental occupancy permit shall be granted to a transient rental property.
Rental Occupancy Permit fees.
The Owner of the Rental Dwelling Unit shall submit an application, to maintain rental occupancy. Such application shall be made upon forms to be furnished by the Town of Hempstead Department of Buildings.
The fee for a Rental Occupancy Permit shall be $ 500 for each property or structure containing one rental dwelling unit, and there shall be assessed an additional fee of $200 for each additional rental dwelling unit permit within the same property or structure having the same ownership.
The fees shall be as follows:
Each applicant shall remit, upon the submission of an application under this chapter, a non-refundable rental occupancy permit application fee of 300 for each property.or structure, which fee shall be reasonably related to the administrative costs for registering and processing the Rental Occupancy Permit Application form. Rental Occupancy Permit Application fees will not be accepted until the application is complete.
Once the application is approved, the initial application fee shall be applied as credit to the Rental Occupancy permit fee of $ 500 for each property or structure containing a single rental dwelling unit.
If a property or structure contains more than one rental dwelling unit, each additional rental dwelling unit in that property or structure shall be subject to Rental Occupancy permit fee of $200.
If for any reason an application for a rental occupancy permit has been denied, the fee collected will be applied towards the administration costs of maintenance and enforcement of this article.
The required renewal paperwork for a rental occupancy permit shall be accompanied by the nonrefundable renewal application fee of $450; the fee shall be reasonably related to the administrative costs for processing the renewal of the Rental Occupancy Permit and for the costs of the Town in monitoring and Inspecting the Rental Dwelling Unit. Each additional rental dwelling unit within the same structure, having the same ownership shall require a renewal fee of $200. Rental Occupancy Permit renewal fees will not be accepted until the application is complete.
The renewal application fee, once the renewal is approved shall be applied as credit to the Rental Occupancy permit fee of $450 for properties containing a single rental dwelling unit.
In the event any registration and permit, or renewal thereof, is not obtained on or before the commencement of occupancy of a rental dwelling unit, or such earlier act by any person or entity which would require registration and a permit for such rental dwelling unit, a late charge for such registration and permit, or renewal, shall be paid, in addition to the required registration and permit fee, in an amount equal to two times the fee, prorated for the length of time of the overdue period.
§ 99-25. Listing or advertising non -permitted rentals.
It shall be unlawful and a violation of this article for any person, entity, corporation, broker or agent to list, advertise, repeatedly and/or knowingly show or otherwise offer for lease, rent or sale on behalf of the owner or authorized agent any dwelling unit which Is, itself, a rental dwelling or which contains a rental dwelling, for which a current rental occupancy permit has not been issued by the Code Enforcement Official. It shall be the person' s, entities, corporations broker' s or agent' s duty to verify the existence of a valid rental occupancy permit before listing, repeatedly and/ or knowingly showing or otherwise offering for lease, rent or sale any such dwelling or dwelling unit in the Town of Hempstead.
It shall be unlawful and a violation of this article for any person, entity, corporation, broker, or agent to cause an advertisement or solicitation for a rental dwelling or dwelling unit to be listed, placed, posted or submitted for inclusion on any website, in the mass media, or in printed materials, including flyers, handbill, mailed circular, social media, bulletin board, sign or electronic media, without such person, entity, corporation, broker or agent first verifying the existence of a valid rental occupancy permit. Violation of this section shall be unlawful and an offense within the meaning of the Penal Law of the State of New York