North Hempstead, N.Y., Code of Ordinances ch. 28 (eCode360 ed. 2026) § 28-7
Maximum occupancy and minimum room size
Operative Text
No person shall occupy as owner or occupant or let to another for occupancy any structure or portion thereof which does not comply with the following requirements: A. Calculation. For the purpose of this regulation, each person 12 years of age and older shall be counted as one person; children more than one year old but less than 12 years old shall be deemed to be 1/2 person; and infants up to one year old shall not be counted. The floor area shall be based upon the area of habitable rooms contained within the living unit, exclusive of utility and storage rooms, halls, closets, porches and any connecting spaces. Any area in a habitable room which has a ceiling height of less than five feet shall not be counted or included in the computation of the space. B. Dwelling units. Every dwelling unit shall have at least 150 square feet of habitable floor space for the first occupant, plus 100 square feet of habitable floor space for each additional occupant. Each dwelling unit shall contain one habitable room with at least 150 square feet of floor area and a minimum horizontal dimension of eight feet. Any additional habitable rooms shall have a minimum floor area of 120 square feet and a minimum horizontal dimension of seven feet. C. Sleeping rooms. No room in any dwelling unit or rooming unit shall be used for sleeping purposes unless there is a minimum habitable floor space of 70 square feet for a space with a single occupant, and a minimum habitable floor space of 50 square feet per occupant for a space with multiple occupants. D. Ceiling height. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of seven feet, except: (1) In one- and two-family dwellings, beams or girders spaced not less than four feet on center may project a maximum of six inches below the required ceiling height; and (2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes shall have a minimum ceiling height of six feet eight inches with a minimum clear height of six feet four inches under beams, girders and similar obstructions; and (3) In rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling, all or part of the room shall have a minimum clear ceiling height of seven feet over not less than 1/3 of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of five feet shall be included.
North Hempstead Code ch. 28 § 28-7 establishes minimum space standards that apply to all occupied dwellings in the jurisdiction. It sets rules for how occupancy is counted (with children and infants weighted differently), how usable floor area is measured, and what minimum square footage and ceiling heights are required for dwelling units, individual rooms, and sleeping spaces. Areas with ceilings below five feet, as well as utility rooms, halls, and closets, are excluded from the habitable floor area calculation.
Plain English — not legal advice.
Operators of residential properties in North Hempstead must ensure that every unit they rent or allow to be occupied meets the space thresholds established under ch. 28 § 28-7. Compliant operators generally verify that the first occupant has at least 150 square feet of habitable floor space, that each sleeping room meets the 70-square-foot single-occupant or 50-square-foot-per-person multi-occupant minimums, and that all habitable spaces maintain the required seven-foot ceiling height. Keeping records of room dimensions and occupancy counts can help demonstrate ongoing compliance with the ordinance's calculation methodology.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under North Hempstead Code ch. 28 § 28-7, tenants have a right to occupy a unit that meets minimum size and ceiling-height standards, and a landlord may not lawfully rent a space that falls below those thresholds. If a tenant believes their unit or sleeping room does not meet the required floor area or ceiling height, they may raise the violation with North Hempstead's local code enforcement or housing authority, or consult a tenant-rights organization familiar with Nassau County housing law. A documented violation of § 28-7 may also be relevant as a defense or counterclaim in certain housing proceedings.
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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