A decision by State Supreme Court Associate Justice Denise Sher strikes down a zoning condition that required a two-family home to be occupied by its owner. The case against the Town of Hempstead originated after its Board of Appeals tried to impose a requirement that a two-family home in Bellmore must be occupied by its owner.
In theory this could allow for more (short-term) rentals, increasing the value of registration ordinances.
According to a recent article, “Thus, this ruling calls into question the legality of these kinds of conditions that are commonly imposed on homeowners, not only in the Town of Hempstead, but by municipalities throughout the region.”
Long Island Business News: Court rules against town requirement for owner occupancy