Hempstead, NY Rental Inspections: Inspection Programs (2026)
Key Facts
- Inspecting official
- Code Enforcement Official
- Consent required
- Owner (vacant) or occupant (occupied)
- Emergency entry
- Allowed without consent
- Refusal remedy
- Search warrant application, § 99-21
- Pre-permit inspection
- Required before issuance, § 99-16
- Pre-renewal inspection
- Required before renewal, § 99-18(B)(3)
Summary
Town Code § 99-20 authorizes the Code Enforcement Official to inspect any rental dwelling unit in the Town of Hempstead to safeguard public health and safety, with owner or occupant consent, or without consent in an emergency, and to seek a search warrant if an owner refuses.
The Code Enforcement Official is authorized to make, or cause to be made, inspections to determine the condition of rental dwelling units to safeguard the health, safety and welfare of the public. The Code Enforcement Official is authorized to enter, upon consent of the owner if the unit is unoccupied, or upon consent of the occupant if the unit is occupied, any rental dwelling unit and the premises in which the same is located, at any reasonable time, or at such other time as may be necessary in an emergency, without consent of the owner, authorized agent and/or tenant for the purpose of performing his duties under this article.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Section 99-20 gives the Code Enforcement Official standing authority to make, or cause to be made, inspections of rental dwelling units at any reasonable time, entering with the consent of the owner if the unit is vacant or the occupant if it is occupied; the Official may also enter without consent in an emergency. This inspection power operates alongside the permitting scheme in Chapter 99: § 99-16 already requires an on-site inspection before a rental occupancy permit is first issued, and § 99-18(B)(3) requires another on-site inspection before any two-year renewal is granted.
If an owner refuses or fails to allow an inspection and the Official has reasonable cause to believe the article has been violated, § 99-21 lets the Official apply to a court of competent jurisdiction for a search warrant, following New York State law on warrant applications. Section 99-22 limits this power by making clear that, apart from emergency inspections, nothing in the article authorizes an inspection without either the owner's consent or a duly issued warrant, so routine administrative searches cannot proceed over an owner's objection without going to court first.
Violations & Fines
Refusing a lawful inspection does not itself criminalize the refusal, but it triggers the Town's warrant process under § 99-21 and can support denial or non-renewal of the rental occupancy permit under §§ 99-16 and 99-18 if the resulting inability to inspect leaves the unit's compliance unverified.
Frequently Asked Questions
Can Hempstead code enforcement inspect a rental without warning?
What happens if a landlord refuses to allow a rental inspection?
Are rental inspections tied to the permit renewal process?
Sources & Official References
Other rules in Hempstead
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