Hempstead, NY Rental Property Rules: Repairs & Habitability (2026)

Beyond fixtures, § 88-5A requires every habitable room to have a window or skylight equal to at least 10% of the room's floor area, and § 88-5E requires heating facilities capable of maintaining at least 70°F in every habitable room, bathroom and water-closet compartment under ordinary minimum winter conditions, measured three feet from exterior walls and five feet above the floor. Section 88-6 layers on general maintenance duties: every foundation, wall, roof, window, exterior door and basement hatchway must stay weathertight, watertight, rodentproof and in good repair, and walls, ceilings and woodwork must stay free of flaking, peeling or loose paint.

Space standards under § 88-7A require at least 150 square feet of floor area for a unit's first occupant and 100 additional square feet for each further occupant. The Manager of the Building Department enforces all of this: § 88-2 authorizes inspections of dwellings, dwelling units and premises at all reasonable times, and requires owners and occupants to give inspectors and each other access needed to make required repairs. When a violation is found, § 88-3A requires written notice describing the defect and the remedial action needed; the recipient can demand a hearing within 10 days of service, which § 88-3B requires the Manager to hold within 20 days (extendable up to 60 days for good cause), and in a genuine emergency threatening public health or safety, § 88-3E lets the Manager act immediately without notice or a hearing at all.