North Hempstead, NY Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Minimum unit space
- 150 sq ft first occupant + 100 sq ft each additional
- Minimum heat
- 68°F in habitable rooms
- Minimum hot water
- 120°F at fixtures
- Ceiling height
- 7 feet minimum, habitable spaces
- Notice-to-cure window
- 5 to 45 days (§ 28-35B)
- First-offense fine
- $50-$1,000 or 5 days
Summary
Town Code Chapter 28's Housing, Rehabilitation and Property Maintenance Code sets minimum occupancy, space, heat, water, and sanitation standards for dwellings outside the incorporated villages. Landlords must maintain at least 68 degrees of heat, hot water at 120 degrees, and a working kitchen sink, and cannot let space that fails the code's floor-area and ceiling-height minimums.
Heating facilities shall be provided to safely and adequately maintain heat in all habitable rooms, bathrooms, kitchenettes, toilet rooms or compartments within the walls of a dwelling to a temperature of at least 68° F. at a distance of three feet or more from the exterior walls and at a level of five feet above the floor level. The capability of said heating equipment shall be based upon an outside temperature of 0° F.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Under § 28-7, every dwelling unit needs at least 150 square feet of habitable floor space for the first occupant plus 100 square feet per additional occupant, with sleeping rooms requiring 70 square feet for a single occupant or 50 square feet per occupant if shared; habitable rooms need a minimum seven-foot ceiling height, with narrower exceptions for basements and sloped-ceiling rooms in one- and two-family homes. Section 28-12 requires heating facilities able to maintain at least 68 degrees Fahrenheit in habitable rooms, bathrooms, and kitchenettes, measured three feet from exterior walls and five feet above the floor, sized to an outside design temperature of 0 degrees, plus a water heater capable of at least 120-degree hot water to every sink, tub, and shower.
Section 28-9 requires basements and cellars to be dry, ventilated, and free of rubbish and infestation, and § 28-15/28-16 require working bathroom fixtures and plumbing in good repair. The Enforcement Officer inspects under § 28-34 and may enter with the owner's or occupant's consent, or apply for a search warrant if refused, without a warrant where an imminent health or safety danger exists. A notice of violation under § 28-35 must give 5 to 45 days to correct a condition before the Town can step in, correct it, and bill the owner.
No two-family dwelling, mixed-occupancy building with two or more families, or multiple dwelling may be reoccupied after a title transfer, mortgage recording, or vacancy without a Commissioner-issued certificate of occupancy under § 28-42.
Violations & Fines
A first violation of Chapter 28 draws a fine of $50 to $1,000 or up to five days in jail, or both, under § 28-40A. A second offense within five years jumps to $1,000-$2,500 or up to 10 days; a third or later offense within five years reaches $2,500-$10,000 or up to 15 days. Each week a violation continues is a separate offense, and the Town Attorney may also pursue civil penalties in addition to criminal prosecution.
Frequently Asked Questions
Is there a minimum temperature a North Hempstead landlord must provide?
How much floor space must a rental unit have per occupant?
What happens if my landlord ignores a housing code violation notice?
Sources & Official References
Other rules in North Hempstead
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