Hempstead Village, N.Y., Code of Ordinances ch. 78 (eCode360 ed. 2026) § 78-15
Use of cellars, basements; playrooms
Operative Text
No cellar or basement space shall be used as a habitable room or dwelling unit. In a single- or two-family residence, one play or recreation room only may be located in the basement or cellar. In addition, the basement or cellar may be partitioned to enclose areas containing a furnace, bath, toilet or laundry. However, in an urban renewal area, where multiple-residence buildings are to be constructed under Urban Renewal Plan Controls (URPC) which prescribe maximum residential densities, land coverage or other controls which are more restrictive than are permitted in this Code for the same zone, a basement may be occupied for residence purposes, provided that the finished floor of such basement is not lower than four feet below the finished grade.
Hempstead Village Code § 78-15 generally prohibits the use of cellars or basements as habitable rooms or dwelling units. In single- or two-family homes, only one playroom or recreation room is permitted in the basement or cellar, and partitioned utility areas (such as those housing a furnace, bath, toilet, or laundry) are also allowed. A narrow exception exists for certain urban renewal areas where buildings are constructed under Urban Renewal Plan Controls: in those cases, a basement may be used for residential purposes as long as its finished floor is no more than four feet below finished grade.
Plain English — not legal advice.
Property owners and managers operating under Hempstead Village Code § 78-15 generally ensure that no cellar or basement space is rented or advertised as a habitable room or dwelling unit. In single- or two-family properties, compliant operators limit basement recreational use to a single playroom or recreation room and may partition off utility areas such as furnace rooms, bathrooms, or laundry spaces. Operators of properties within a designated urban renewal area subject to Urban Renewal Plan Controls should verify whether the basement-residence exception applies and confirm that any such finished floor meets the four-foot-below-grade threshold before occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Hempstead Village Code § 78-15, tenants have a right to know that most cellar and basement spaces are not legally permitted to be used as habitable rooms or dwelling units. If a tenant believes they are being housed in a space that violates this provision — for example, a basement unit outside the urban renewal area exception — they may consider raising the violation with local code enforcement or housing authorities in Hempstead Village. Tenant-rights organizations familiar with New York municipal housing codes can help explain what options are generally available, including how a code violation might be relevant to a tenancy dispute.
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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