Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-5

Minimum standards for light, ventilation and heating

In Force
Verified 11/9/2026 · Next check 2/7/2027
Hempstead TownSpecific Conditions

Operative Text

Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-5
No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not comply with the following requirements: A. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window or skylight area, measured between stops, for every habitable room shall be 10% of the floor area of the room. Whenever walls or other portions of structures face a window of any such room, and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. B. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device that will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 45% of the minimum window area size or minimum skylight-type window size as required in Subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the Manager of the Building Department. C. Every bathroom and water-closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in this chapter, except that no window or skylight shall be required where the bathroom or water-closet compartment is adequately ventilated by a ventilation system which is kept in continuous automatic operation while in use, and approved by the Manager of the Building Department. D. Every dwelling unit and all public and common areas shall be supplied with electric service, outlets and fixtures which shall be properly installed, shall be maintained in good and safe working condition and shall be connected to the sources of electric power in a safe manner. E. Every dwelling or dwelling unit shall be supplied with heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and water-closet compartments located therein, to a temperature of at least 70° F., at a distance three feet and more from exterior walls and at a level of five feet above the floor, under ordinary minimum winter conditions. Either central- or space-heating facilities may be used, provided that they meet the following requirements: (1) Every central-heating unit and/or central hot-water heating shall: (a) Have every heat duct, steam pipe and/or hot-water pipe free of leaks and functioning properly to provide an adequate amount of heat and/or hot water to the intended place of delivery; (b) Be provided with seals between sections of hot-air furnaces to prevent the escape of noxious gaes into heat ducts: (c) If employing electricity, be connected to an electric circuit of adequate capacity in an approved manner: and (d) Be provided with automatic or safety devices and be installed and operated in the manner required by the state and the Town of Hempstead. (2) Every space-heating unit and/or unit hot-water facility shall: (a) Not use gasoline as a fuel; (b) Not be of the portable type if using solid, liquid or gaseous fuel; (c) If employing a flame, be connected to a flue or a vent in the manner required by the state and the Town of Hempstead; (d) If employing solid or liquid fuels, have a fire-resistant panel beneath it; (e) Be located at least two feet away from any wall or be equipped with insulation sufficient to prevent the overheating of any wall in the manner prescribed by the current Standards of the American Standards Association and the National Fire Protection Association; (f) If employing gaseous fuel, be equipped with other than rubber-tube or armored rubber-tube connector; (g) If employing electricity, be connected to an electric circuit of adequate capacity in an approved manner; and (h) Be installed and operated in the manner required by the state and the Town of Hempstead. F. Every common hallway and stairway in every dwelling shall be adequately lighted at all times. G. During that portion of each year when the Manager of the Building Department deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens, provided that such screens shall not be required during such period in rooms deemed by the Manager of the Building Department to be located high enough in the upper stories of buildings to be free enough from such insects, and in rooms located in areas of this Town of Hempstead which are deemed by the Manager of the Building Department to have so few such insects as to render screens unnecessary. H. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.
Source: Legislative text reproduced verbatim
Plain English

Hempstead Town Code § 88-5 establishes baseline standards that every dwelling or dwelling unit must meet before it can be occupied. Habitable rooms must receive natural light through windows or skylights covering at least 10% of the floor area, and adequate ventilation must be provided through openable windows or approved mechanical systems. The rule also covers heating requirements (at least 70°F under ordinary winter conditions), electrical safety, insect screening, rodent barriers, and lighting in common hallways and stairways.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Under § 88-5, compliant operators ensure that every habitable room has windows or skylights meeting the 10% floor-area threshold and that at least 45% of that window area is openable or replaced by an approved ventilation device. Heating systems—whether central or space-heating—must safely reach 70°F and satisfy all installation standards set by New York State and the Town of Hempstead. Operators also maintain proper electrical service, common-area lighting, insect screens on doors and windows during designated seasons, and rodent-barrier screens on basement openings.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 88-5 gives occupants the right to live in a dwelling that meets specific minimums for natural light, ventilation, heat, electrical service, and pest protection. If a unit falls short—for example, heating cannot reach 70°F or required screens are missing—tenants may report conditions to the Town of Hempstead Building Department, which oversees enforcement of this chapter. Tenant-rights organizations familiar with Nassau County housing code can explain the range of options available when a landlord fails to maintain these standards.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Hempstead Town Code § 88-3
Hempstead Town Code § 88-5
Hempstead Town Code § 88-12
Hempstead Town Code § 88-1
Hempstead Town Code § 88-12
Hempstead Town Code § 88-12
Hempstead Town Code § 88-3
Hempstead Town Code § 88-5
Hempstead Town Code § 88-15
Hempstead Town Code § 88-13

Related Rules

§ 244.290
Dwelling plumbing facilities required
§ 244.300
Shared bath dwelling unit plumbing facilities required
§ 244.310
Basement water closet

Source Information

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Fetched:Nov 9, 2026, 09:22 PM UTC