Hempstead Village, N.Y., Code of Ordinances ch. 78 (eCode360 ed. 2026) § 78-1

Definitions

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Verified 11/10/2026 · Next check 12/10/2026
Hempstead VillageStatutory Standards

Operative Text

Hempstead Village, N.Y., Code of Ordinances ch. 78 (eCode360 ed. 2026) § 78-1
A. Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter: APPROVED Constructed, installed and maintained in accordance with the provisions of this chapter and other pertinent ordinances or regulations of the Village. BASEMENT That space of a building that is partly below grade which has more than 1/2 of its height, measured from floor to ceiling, above the average established curb level or finished grade of the ground adjoining the building. BUILDING Any structure having a roof for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. CELLAR That space of a building that is partly or entirely below grade which has more than half of its height, measured from floor to ceiling, below the average established curb level or finished grade of the ground adjoining the building. DWELLING A building designed or used exclusively as the living quarters for one or more persons. DWELLING UNIT A dwelling or portion thereof providing complete living facilities for one family. ENFORCEMENT OFFICER The Superintendent of the Building Department or a person designated by the Board of Trustees to carry out the duties of enforcement and administration specified in this chapter. EXTERIOR PROPERTY AREAS Open spaces on the premises and vacant open spaces on adjacent premises. EXTERMINATION The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food or by any recognized and legal pest elimination method approved by the enforcement officer. GARBAGE The animal, vegetable and mineral waste resulting from the handling, preparation, cooking and consumption of food. GRADE The natural surface of the ground or the surface of the ground after completion of any change in contour, including the completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relative thereto. HABITABLE ROOM A room or enclosed floor space used or intended to be used for living, sleeping, cooking, recreation or eating purposes, excluding stairways, bathrooms, water closet compartments, laundries, pantries, foyers, communicating corridors, closets and storage spaces. INFESTATION The presence within or around a dwelling, dwelling unit, multiple dwelling or any premises of insects, rodents, vermin or other pests. KITCHEN Space, 60 square feet or more in floor area, with a minimum width of five feet, used in cooking or preparation of food and deemed habitable space. KITCHENETTE Space, less than 60 square feet in floor area, used for cooking or preparation of food and not deemed habitable space. MULTIPLE RESIDENCE A building containing three or more dwelling units. OCCUPANT Any person, including an owner or operator, living, sleeping, cooking, eating in or having actual possession of a dwelling unit or room in a rooming house. OPENABLE AREA Any part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR Any person having charge, care, management or control of any dwelling or part thereof in which dwelling units or rooming units are let. OWNER Any person who, alone, jointly or severally with others, holds legal or equitable title to any dwelling, dwelling unit, rooming house or rooming unit. PLUMBING All of the following supplied facilities and equipment: gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower baths, installed clothes washing machines, catch basins, drains, vents and any other similar supplied fixtures, together with all connections to water, sewer or gas lines. PREMISES A plotted lot or part thereof or an unplotted lot or parcel of land or plot of land, either unimproved or improved with any dwelling or nondwelling structure. PUBLIC HALL Any hall, corridor or passageway not within the exclusive control of one family. ROOMING HOUSE Any dwelling or part thereof which contains one or more rooming units, in which space is let by the occupant or owner to three or more persons for hire or otherwise. ROOMING UNIT Any room or group of rooms forming a single habitable unit used or intended to be used for living or sleeping but not for cooking or eating purposes. RUBBISH All combustible and noncombustible waste, except garbage. SINGLE-FAMILY DWELLING A dwelling occupied by one family alone. SUPPLIED Paid for, furnished or provided by or under the control of the owner or operator, his agents and/or representatives. VENTILATION The supply and removal of air to and from a space by natural or mechanical means. VENTILATION, MECHANICAL Ventilation by power-driven devices. VENTILATION, NATURAL Ventilation by opening to the outer air through windows, skylights, doors, louvers or stacks with or without wind-driven devices. WATER CLOSET A toilet, with a bowl and trap, which is connected to the Village water and sewer system or to other approved water supply and sewer system. B. Word usage. Whenever the words "building," "dwelling," "dwelling unit," "rooming house" and "premises" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof."
Source: Legislative text reproduced verbatim
Plain English

Section 78-1 of Hempstead Village's Code of Ordinances Chapter 78 establishes the foundational vocabulary used throughout the village's housing and property maintenance rules. It draws precise distinctions between terms such as "basement" and "cellar," "dwelling" and "dwelling unit," and "garbage" and "rubbish," ensuring that these words carry consistent, specific meanings whenever they appear elsewhere in the chapter. The section also clarifies that references to a "building," "dwelling," "dwelling unit," "rooming house," or "premises" are understood to include any part of those structures or properties.

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

Plain English — not legal advice.

For Property Managers

Property owners and operators subject to Chapter 78 should familiarize themselves with the definitions set out in § 78-1, since terms like "dwelling unit," "multiple residence," "operator," and "supplied" carry precise legal meanings that govern compliance obligations throughout the chapter. For example, the distinction between a "basement" and a "cellar" affects whether a space may qualify as habitable, and the definition of "kitchen" sets a minimum floor area of 60 square feet with a five-foot minimum width. Compliant operators generally apply these definitions consistently when describing, classifying, and maintaining their properties under the chapter's requirements.

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

For Tenants

Section 78-1 of Chapter 78 defines the terms that shape tenant protections throughout Hempstead Village's housing code, including what counts as a "habitable room," an "occupant," and an "infestation." Understanding these definitions can help tenants recognize when conditions in their home — such as pest presence or inadequate space classifications — may implicate specific code requirements. Tenants who believe a violation exists may consider raising the relevant definition as context when contacting the village's Enforcement Officer (as defined in § 78-1) or reaching out to a local tenant-rights organization for general guidance.

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.

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References In

Rules and statutes that cite this regulation

Hempstead Village Code § 78-7

Related Rules

§ 192-8
Penalties for offenses
§ 157-2
Legislative intent
§ 227-13
License fees

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