Hempstead Law Defining Unrelated Occupants Unconstitutional
LVT Number: #22789
The Village of Hempstead charged landlord with criminal violations, which included permitting three unrelated individuals to live in a residence as living and sleeping quarters. Landlord asked the court to dismiss the case. Among other things, landlord claimed that the part of the law defining unrelated people by auto registrations was unconstitutional. The court ruled for landlord, finding that Village Code Section 52-2A(7) was unconstitutional. The law stated that “if there are two or more motor vehicles parked on the dwelling lot registered to persons with two or more different surnames, two or more families are residing in the dwelling.” The law’s presumption was unreasonable since vehicle registrations for different surnames don't necessarily mean that more than one family lives in a dwelling. For example, women often keep their maiden names and maintain property in their own name.
People v. All State Properties LLC: NYLJ, 7/19/10, p. 21, col. 3 (Village Ct. Hempstead; Hobson-Williams, J)