§ 2-132. Definitions.

As used in this article, the following terms shall have the meanings indicated:

CODE ENFORCEMENT OFFICER

The Commissioner of Buildings or the Commissioner of Public Safety of the Town of North Hempstead or their delegates or assistants.

DWELLING UNIT

A living unit containing one or more habitable rooms with provisions for living, cooking, eating, sanitary and sleeping facilities arranged for the use of one family.

ILLEGAL CONVERSION

A change in the use of any room or rooms or space or spaces, whether or not any construction takes place, to create dwelling units or rooming units, without a permit from the Building Department and for which no certificate of occupancy or certificate of existing use exists.

NONHABITABLE ROOM

Rooms within a dwelling such as bathrooms, water-closet compartments, laundries, serving and storage pantries, corridors, cellars and similar spaces that are not used frequently or during extended periods.

NONHABITABLE SPACE

Space used as kitchenettes, pantries, bath, toilet, laundry, dressing, locker, storage, utility, heater and boiler rooms, cellars, garages, closets, and other spaces for service and maintenance of the building and those spaces used for access and vertical travel between stories.

OCCUPYING

Using a room or rooms or space or spaces for a specific purpose, including but not limited to sleeping. There shall be a rebuttable presumption that any room or rooms or space or spaces which have within them an assembled bed or daybed or mattress or convertible sofa or other convertible furniture or other sleeping provisions is occupied and used for sleeping purposes.

OWNER

A. 

Owner, lessee, agent or other person in control of a dwelling unit or rooming unit or any other person or persons or entity or entities having the right to possession of a dwelling unit or rooming unit, except:

(1) 

A public housing authority organized as such under the laws of the State of New York;

(2) 

A cooperative corporation whose offering statement or prospectus has been accepted by the New York State Attorney General for filing under General Business Law § 352-e; and

(3) 

A not-for-profit corporation organized to own and operate a low-income or moderate-income senior-citizen housing project in conjunction with the New York State Division of Housing and Community Renewal.

B. 

Under this definition, a tenant can be an "owner" in relation to a subtenant.

PERMIT THE OCCUPANCY AND USE

Allowing a person or persons to utilize a room or rooms, space or spaces for a specific purpose, including but not limited to sleeping. An owner of any premises shall be responsible for and chargeable with knowledge of the utilization of any room or rooms or space or spaces within any premises under his/her ownership/control.

RENT

A return, in money, property or other valuable consideration (including payment in kind or services or other thing of value), for use and occupancy or the right to the use and occupancy of a dwelling unit or rooming unit, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof.

ROOMING UNIT

Any room or group of rooms forming a single habitable unit occupied or intended to be occupied by one or more persons as a home or residence for sleeping or living, but not for cooking purposes. There shall be a rebuttable presumption that any room, which shall have a door-locking device commonly called a "Yale lock" or similar device added in the door, is intended as a rooming unit.