Eviction Laws in Hempstead (Village), New York
The Village of Hempstead is an incorporated village of approximately 59,000 residents within the Town of Hempstead in Nassau County on Long Island, approximately 20 miles east of Manhattan. It is important to distinguish the Village of Hempstead from the Town of Hempstead — the town has over 790,000 residents and is the most populous town in New York State, while the village is a densely populated urban core within it. The Village of Hempstead is one of the most diverse communities on Long Island: approximately 45 percent Hispanic, 43 percent Black, and 4.5 percent White — making it a majority-minority community with large Jamaican, Haitian, Salvadoran, Guatemalan, and Guyanese populations. Approximately 35 percent of residents are foreign-born. The median household income is approximately $90,400, but the poverty rate is about 14 percent, and the median renter household income is significantly lower at approximately $46,700. The median gross rent is approximately $1,611. The population density is approximately 16,000 people per square mile — among the highest on Long Island. The Village of Hempstead Housing Authority operates 281 units of public housing and administers 475 Housing Choice Vouchers. Hofstra University, a major private institution with approximately 10,000 students, is located immediately adjacent to the village boundary and significantly influences the local rental market and economy.
New York eviction law — the Real Property Actions and Proceedings Law (RPAPL) Article 7 — requires landlords to serve a written notice before filing suit. For nonpayment of rent, a 14-day written rent demand is required under RPAPL § 711(2), specifying the exact amount owed and the time period covered. For lease violations, a 10-day notice to cure is required under RPAPL § 753(4). Month-to-month tenancies require 30 days’ notice if the tenancy is under one year, 60 days if between one and two years, and 90 days if the tenancy exceeds two years (RPL § 232-b as amended by HSTPA 2019). Once the notice period expires without compliance, the landlord files a summary proceeding (nonpayment or holdover petition) with the court. A critical protection added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA): tenants may cure a nonpayment at any time until the marshal or sheriff physically executes the warrant of eviction — payment of all rent and fees owed stops the eviction entirely. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768.
As of August 18, 2024, all landlords statewide must include the Good Cause Eviction Law notice (RPL § 231-c) on every lease, every rent demand, every petition, and every notice — even for units that are exempt from the substantive Good Cause protections. Failure to include this notice can result in dismissal of the proceeding.
Hempstead (Village) & Nassau County — Local Rules That Affect Landlords
Rent Stabilization — ETPA Applies. Nassau County is one of the four counties (alongside Westchester, Rockland, and Ulster) eligible for the Emergency Tenant Protection Act (ETPA). The Village of Hempstead has adopted ETPA, which applies to buildings with six or more units built before 1974 that are located in municipalities that have declared a housing emergency. Rent increases for ETPA-covered units in Nassau County are set by the Nassau County Rent Guidelines Board — separate from the Westchester and New York City boards. Landlords with ETPA-covered units must register with DHCR, file annual registration statements, and comply with all DHCR regulations. Under HSTPA 2019, apartments can no longer be deregulated based on rent amounts or tenant income levels.
Good Cause Eviction — NOT Opted In. As of May 2026, the Village of Hempstead has not opted into the Good Cause Eviction Law. Market-rate tenants not covered by ETPA do not have substantive Good Cause protections. However, the statewide RPL § 231-c notice requirement applies — all leases, demands, petitions, and notices must include the Good Cause notice.
Rental Registration Ordinance. The Village of Hempstead requires all rental properties to be registered with the Village Building Department under Chapter 106 of the Village Code. Landlords must register rental dwelling units and maintain current registration at all times. This registration requirement gives the village enforcement authority over rental housing standards and allows inspections to verify occupancy and habitability compliance. Landlords who fail to register rental units face fines and potential legal action. The village has been particularly aggressive about enforcing illegal occupancy — the code establishes presumptions of illegal multi-family occupancy based on factors like multiple doorbells, mailboxes, phone lines, or vehicles registered to different surnames.
Building Occupancy Enforcement. The Village of Hempstead actively enforces occupancy standards under Chapter 52 of the Village Code. Illegal conversions — single-family homes converted to multi-family use without proper permits — are a significant enforcement focus. If a dwelling unit is found to be illegal, a court appearance ticket is issued to the owner and the owner is responsible for the eviction of the illegal tenant. This creates a situation where landlords can face village-initiated eviction requirements if their rental units are found to be non-compliant.
Nassau County District Court — Tenth Judicial District. Unlike the upstate and Westchester cities that use City Court for evictions, all landlord-tenant matters in Nassau County — including the Village of Hempstead — are litigated in the Nassau County District Court, located at 99 Main Street, Hempstead, NY 11550. The District Court handles evictions for the entire county, including the Towns of Hempstead, North Hempstead, and Oyster Bay, and the Cities of Long Beach and Glen Cove. Landlord-Tenant Court convenes at 9:30 a.m. every Monday through Friday in Room 280 on the second floor. This centralized system means the court handles a very high volume of cases and landlords should expect significant calendar congestion.
Immigrant Community and Language Access. With approximately 35 percent foreign-born residents and large Caribbean and Central American communities, landlords in Hempstead frequently encounter tenants with limited English proficiency. Court documents and proceedings are available in English, but interpreters can be requested. Landlords should ensure that all notices are properly served regardless of language barriers — service requirements under RPAPL are strict, and improper service is a common basis for dismissal. Source-of-income discrimination is prohibited under New York State law.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. Must be returned within 14 days of move-out with an itemized statement of deductions. Must be held in an interest-bearing account — tenant receives interest minus a 1 percent administrative fee. Application fees are capped at $20 total. Late fees are capped at the lesser of $50 or 5 percent of monthly rent, with a 5-day grace period.
Nassau County District Court — Where Hempstead Landlords File
Hempstead landlords file summary proceedings (nonpayment petitions and holdover petitions) at the Nassau County District Court, located at 99 Main Street, Hempstead, NY 11550. The District Court handles all landlord-tenant matters for Nassau County. Landlord-Tenant Court sits daily at 9:30 a.m. in Room 280, second floor. The court is part of the Tenth Judicial District of the New York State Unified Court System. The filing fee for a summary proceeding is approximately $45. After judgment, the Nassau County Sheriff executes the warrant. The sheriff must give the tenant 14 days’ written notice before physical removal (RPAPL § 749(2)). For ETPA-covered units, the court will verify the unit’s regulatory status and landlords must demonstrate DHCR compliance. The Nassau County District Court is one of the busiest landlord-tenant courts on Long Island, handling thousands of proceedings annually across all of Nassau County. Landlords should expect scheduling congestion, multiple adjournments in contested cases, and the possibility of represented tenant opposition through Nassau Suffolk Law Services or other legal aid providers. An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings can extend to 12 to 16 weeks or longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Nassau County Sheriff is authorized to physically remove a tenant.
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