Hempstead, NY Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Definition
- Second kitchen for owner's children/parents only, § 85-2
- Review body
- Board of Architectural Review, Ch. 85
- Board size
- 3 members: Buildings, Engineer, Supervisor designees
- Review criteria
- Meters, doorbells, stairways, parking, restorability
- Approval gate
- BZA cannot hear case until Review Board acts
- Rental permit
- Exempt from rental occupancy permit, § 99-31A
Summary
Hempstead's Board of Architectural Review only approves a 'mother-daughter residence' second kitchen when it serves the children or parents of the home's fee resident owner, per Town Code § 85-2. An absentee owner or a setup housing unrelated tenants does not qualify for the designation.
In order to uphold the integrity of the Building Zone Ordinance of the Town of Hempstead, a Board of Architectural Review shall be established with the responsibility of reviewing plans of proposed mother-daughter residences and recommending their suitability for mother-daughter use. ... MOTHER-DAUGHTER RESIDENCE: A one-family home or residence constructed or altered to include a second kitchen for the sole use by the children or parents of the fee resident owner of said one-family home or residence.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
' Because the definition ties the second kitchen to the owner's own family and requires the property to remain a one-family residence in fee, the Review Board's job under § 85-3 is to catch setups that are really unauthorized two-family homes: it examines ingress and egress, the number of meters, doorbells and mailboxes, the layout around the inner stairway, off-street parking, and whether the unit could be restored to exclusive one-family use. The three-member Board, the Commissioner of Buildings or a designee, the Town Engineer or a designee, and a designee of the Town Supervisor, reviews every application forwarded by the Building Department (§ 85-10) and reports its recommendation by resolution to that department (§ 85-8).
The Board of Zoning Appeals cannot hear or decide a mother-daughter application until the Review Board has first reviewed it, under § 85-11. A rental unit granted a mother-daughter permit under § 85-2 is exempt from needing a separate rental occupancy permit under § 99-31A.
Violations & Fines
Converting a mother-daughter residence into a true two-family home, or occupying the second kitchen with anyone besides the owner's children or parents, defeats the § 85-2 definition and can cost the property its mother-daughter status. The Board of Zoning Appeals cannot approve or continue a mother-daughter use that the Review Board has not first reviewed under §§ 85-3 and 85-11.
Frequently Asked Questions
Can I rent my Hempstead mother-daughter unit to a non-relative?
Who decides if my home qualifies for mother-daughter use?
Does a mother-daughter unit need a separate rental permit?
Sources & Official References
Other rules in Hempstead
New York rules heatmap·Compare Hempstead to another location·View the New York accessory structures overview
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