This is a criminal
offense, albeit a low level one. If this is pending in a criminal court and you're an attorney, you can make an oral application to dismiss the case for legal insufficiency and present the affidavit,. It's a self serving document, and the court will do with it what they do. I can't tell you how vested an interest in this case the ADA and North Hempstead has.
However, my reading of the statute indicates that whether or not anyone is collecting rent, it's unlawful to allow occupants unless there is a license. So if there are squatters on the premises, for example, the motion to dismiss will likely fail
.§106-3. Rental occupancy permit required.
It shall be unlawful for the owner, owner’s agent, real estate agent or any person with apparent authority over any residential building, apartment building, multiple-residence building, senior-citizen multiple-residence building, motels, hotels, extended-stay residences, bed-and-breakfasts and any units contained therein to allow, permit or suffer the occupancy of any residential building, apartment building, multiple-residence building,senior-citizen multiple-residence building, motels, hotels, extended-stay residences, bedand-breakfasts and any units contained therein, without having first obtained a rental occupancy permit pursuant to this article.
It shall be immaterial whether or not rent or any other consideration is paid to the owner by the occupant of the dwelling unit.