Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-7
Minimum space, use and location requirements
Operative Text
No person shall occupy 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 dwelling unit shall contain at least 150 square feet of floor area for the first occupant thereof and at least 100 additional square feet of floor area for every additional occupant thereof, the floor areas to be calculated on the basis of total usable floor area of habitable rooms. B. At least half of the floor area of every habitable room shall have a ceiling height of at least 7 1/2 feet. The floor area of the part of any room where the ceiling height is less than five feet shall not be considered in computing the usable floor area of the room for the purpose of determining the maximum permissible occupancy thereof. C. No cellar space shall be used as a habitable room or dwelling unit. D. No basement space shall be used as a habitable room or dwelling unit unless, in addition to the other provisions of this chapter: (1) The floors and walls are impervious to leakage of underground and surface runoff water and insulated dampness; and (2) The minimum aggregate glass area of windows as required under § 88-5A is located entirely above the grade of the grade adjoining such window area.
Hempstead Town Code ch. 88 § 88-7 establishes minimum space and structural standards that must be met before any dwelling or dwelling unit can lawfully be occupied. The rule sets a floor-area floor of 150 square feet for the first occupant and 100 additional square feet for each additional occupant, calculated using only habitable-room space with adequate ceiling height. Cellar spaces are categorically barred from use as living quarters, while basement spaces may only qualify if they meet specific moisture-resistance and window-placement conditions.
Plain English — not legal advice.
Under Hempstead Town Code ch. 88 § 88-7, compliant operators calculate occupancy limits using only usable habitable-room floor area, excluding any portion of a room where the ceiling is below five feet. Operators generally ensure that no cellar space is offered as living quarters and that any basement unit offered for occupancy has floors and walls impervious to water intrusion and windows whose glass area sits entirely above the adjoining grade. Keeping documentation of floor-area calculations, ceiling heights, and basement waterproofing measures is a practice commonly associated with demonstrating compliance with § 88-7.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hempstead Town Code ch. 88 § 88-7 gives occupants a basis to question whether a dwelling meets minimum space requirements, including whether the unit's habitable floor area is sufficient for the number of occupants and whether any basement space was lawfully converted for residential use. Tenants who believe a unit falls short of these standards—such as a cellar being rented as living space or a basement lacking proper waterproofing or above-grade windows—may consider raising the violation with the Town of Hempstead's code enforcement office. Tenant-rights organizations familiar with Nassau County housing codes can help explain what documentation or complaint processes may be available under § 88-7.
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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Rules and statutes that cite this regulation