New Hyde Park, N.Y., Code of Ordinances ch. 139 (eCode360 ed. 2026) § 139-18
Prohibited uses
Operative Text
A. It shall be prohibited to use for sleeping purposes any kitchen, nonhabitable space or public space. B. It shall be prohibited to use any cellar space as habitable space. C. Use of a single-family dwelling by more than one family is prohibited. D. Use of a two-family dwelling by more than two families is prohibited. E. No person shall use a mobile home, trailer or travel trailer for business purposes in the Village or in conjunction with such business purposes. F. A garage may not be used as a habitable unit unless it meets the specifications and requirements of this Code. G. Temporary storage containers. (1) Definition: "Storage container" means any container intended for this purpose of storing or keeping household goods and other personal property that is intended to be filled, refilled, or emptied while located outdoors on a residential property, and later removed from the property for storage off-site. (2) It shall be unlawful for any person, firm or corporation to place, keep or maintain any storage container on any property improved with a single-family dwelling without securing a permit. (3) Any person desiring a permit to place or maintain a storage pod shall file an application with the Building Department. The form for this application is to be furnished by the Department of Buildings and shall be sworn to and filed by the applicant with the Department of Buildings, along with an application fee of $100 for a new permit, $75 for a time extension of a permit. (4) A permit for a storage pod may only be granted if there is currently a permit for improvement to a single-family dwelling with a cost of improvement of at least $25,000. (5) A storage container may not be more than 120 square feet, and no more than eight feet in height. (6) The storage container shall be set back from any side yard a minimum of five feet, from the front yard by a minimum of five feet, and also be minimum of five feet away from any structures on the property. In granting the permit, the Building Inspector shall consider the rights of adjacent property owners so that there shall not be any unreasonable deprivation of light, air or a reasonable use of adjoining property. (7) The Building Inspector is hereby authorized, in the exercise of reasonable discretion, to revoke any permit issued hereunder if, after due investigation, he deems that the holder thereof has violated any provisions of this subsection in that the storage pod is being maintained in an unsafe manner or is being maintained as a nuisance. Written notice of said revocation shall be given, either by personal service upon the person to be notified or by depositing said notice in the United States mail in a sealed envelope, postage prepaid, addressed to such person at the address which appears on the records of the Building Department. (8) The length of time a storage container shall be permitted to remain shall be 60 days with up to one thirty-day extension. A further extension shall be permitted only upon good cause demonstrated to the Board of Trustees. It shall be mandatory that the storage container be removed at the end of the permitted period of time. (9) The provisions of this subsection may be varied only upon good cause shown demonstrated to the Board of Trustees.
New Hyde Park Code ch. 139 § 139-18 establishes a set of prohibited and restricted uses for residential spaces and properties within the village. Kitchens, non-habitable spaces, cellars, and public spaces may not be used for sleeping or as habitable living areas, and single- and two-family dwellings may not be occupied by more households than their designated classification allows. Garages may only serve as habitable units if they meet applicable code specifications, and temporary outdoor storage containers on single-family residential properties are subject to a permitting process with specific size, placement, duration, and fee requirements.
Plain English — not legal advice.
Operators and owners of residential properties in New Hyde Park should be aware that § 139-18 restricts how various spaces within and around a dwelling may be used. A compliant operator ensures that cellars, kitchens, and non-habitable areas are not rented or made available for sleeping or living purposes, and that occupancy does not exceed the dwelling's designated family classification. When a storage container is needed on a single-family property, a compliant operator secures the required Building Department permit before placement, pays the applicable fee, adheres to the size and setback requirements, and removes the container within the permitted timeframe.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under New Hyde Park Code ch. 139 § 139-18, tenants have an interest in knowing that certain spaces—such as cellars, kitchens, and garages not meeting code specifications—are not lawfully permitted to be rented or used as habitable living quarters. If a tenant believes they are being housed in a space that violates these use restrictions, they may consider contacting the New Hyde Park Building Department, which has authority over permits and code compliance under this section. Tenant-rights organizations can also help residents understand what options may be available when a rental unit appears to fall outside the permitted uses described in § 139-18.
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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