Hempstead, NY Short-Term Rentals: Short-Term Rental Permits (2026)

Chapter 99's definitions section defines a "transient rental property" as a dwelling unit or portion of it, or an accessory structure such as a garage, dock, shed, pool or cabana, occupied by someone other than the owner or the owner's family for rent for a period of less than 28 nights. The law expressly reaches partial-property rentals (a room, a pool, a cabana) and excludes only properties used exclusively for nonresidential commercial purposes and legally operating hotels or motels. Advertising a property as available on a short-term rental platform such as Airbnb, HomeAway or VRBO for a stay under 28 days creates a rebuttable presumption under the code that the property is being used as a transient rental.

Because § 99-13(D), added by Local Law No. 49-2023 effective July 10, 2023, forecloses any rental occupancy permit for such use, there is no application process, fee schedule or permit term to describe for short-term stays under 28 nights; the Town's posture is an outright prohibition rather than a licensing scheme. Enforcement runs through the same Code Enforcement Official who administers the rest of Chapter 99, using the article's inspection and search-warrant tools in §§ 99-20 through 99-22.