Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-10
Minimum general requirements for air conditioning and mechanical ventilation
Operative Text
A. Exhaust air from a dwelling unit shall not be circulated to another dwelling unit. B. Ducts shall be of noncombustible material and securely fastened in place and appropriately fire-stopped. C. Direct air-conditioning systems using refrigerants that are highly flammable, highly irritant or toxic shall not be used for air-conditioning purposes. D. Exhaust air from a dwelling unit or a space whose contents may emit odors, fumes or vapors shall not be circulated to other occupied spaces within the building. E. Air intake and exhaust openings shall be installed, located and maintained so as not to constitute a hazard or nuisance and so as to prevent the possibility of fire, smoke, fumes or foreign matter being drawn into the system. F. Ventilating systems shall be provided with adequate openings for incoming and outgoing air to obtain the required circulation. Intake openings shall provide air from an uncontaminated source. G. Exhaust openings shall be located so that the exhaust air will not create a nuisance. H. Enclosures or spaces where heat, gases, vapors or odors may accumulate and become a potential source of hazard or nuisance shall be provided with adequate means of ventilation to remove such excess.
Section 88-10 of Hempstead Town's Code of Ordinances establishes baseline safety and health standards for air conditioning and mechanical ventilation systems in residential buildings. The rule prohibits exhaust air from one dwelling unit from being recirculated into another unit or into any occupied space where odors, fumes, or vapors may be present. It also requires that ductwork be made of noncombustible materials, that air intakes draw from clean, uncontaminated sources, and that any enclosed space where hazardous gases or heat can accumulate be equipped with adequate ventilation to remove those conditions.
Plain English — not legal advice.
Property owners and managers subject to § 88-10 generally ensure that HVAC and ventilation systems are designed and maintained so that exhaust air from each dwelling unit is fully isolated from other units and occupied spaces. Compliant operators use noncombustible, properly fire-stopped ductwork, avoid refrigerants classified as highly flammable, irritant, or toxic, and position intake and exhaust openings to prevent the introduction of smoke, fumes, or foreign matter into the system. Routine inspections of enclosed or utility spaces where gases, heat, or vapors may accumulate are a standard part of maintaining compliance with this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 88-10, tenants in Hempstead Town have a right to live in a dwelling unit whose ventilation system does not draw in exhaust air, fumes, or odors from other units or contaminated sources. If a tenant notices persistent odors, fumes, or poor air quality that may suggest a ventilation system is not operating as this section requires, they may document the conditions and raise the issue with the building owner or manager in writing. Tenants may also contact the Hempstead Town code enforcement office to report a potential violation, or consult a local tenant-rights organization to understand available options.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation