Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-13

Single-room occupancy in multiple residence

In Force
Verified 11/10/2026 · Next check 12/10/2026
Hempstead TownSubletting, Assignment & Occupancy

Operative Text

Hempstead Town, N.Y., Code of Ordinances ch. 88 (eCode360 ed. 2026) § 88-13
A. The provisions of this section shall apply to all multiple residences used or arranged to be occupied for single-room occupancy as defined in § 88-1 , and shall apply to all existing or converted dwellings used for this purpose. All provisions of this section shall apply in addition to any other requirements which are definitely provided in other sections of this code, as well as those contained in the New York State Multiple Residence Law , Chapter 36 of the New York State Labor Law , or any applicable rule or ordinance of the Town of Hempstead. B. Conditions and regulations. (1) Whenever any owner or tenant of any apartment in a multiple residence shall rent such apartment or any part thereof to more than two boarders, roomers or lodgers, such renting shall constitute a use of such apartment for single-room occupancy. (2) It shall be unlawful for the owner or tenant of any multiple residence to rent any apartment therein for single-room occupancy, or to cause or permit any apartment so rented or any portion thereof to be used for single-room occupancy, without a permit. C. General requirements. It shall be unlawful to occupy any frame multiple residence more than two stories in height for single-room occupancy. It shall be unlawful to occupy any other existing Class A dwelling or part thereof as a rooming house or furnished-room house or for single-room occupancy, unless such dwelling or part conforms to the provisions of this section and to such other provisions as were applicable to such dwelling before such conversion. This section shall not be construed to prohibit the letting by a family of one or more rooms within their apartment to not more than two boarders, roomers or lodgers, provided, however, that every room in such apartment shall have free and unobstructed access to each required exit. D. Increase in occupancy: rooms. (1) Any such dwelling may be so occupied without necessitating the increase in the number of stairs. (2) The number of rooms shall not be increased nor shall the light or ventilation of any room be impaired. E. Egress. (1) No room in any apartment shall be so occupied unless each room therein shall have free and unobstructed access to each required means of egress from the dwelling without passing through any sleeping room, bathroom or water-closet compartment. (2) There shall be access to a second means of egress within the apartment without passing through any public stair or public hall. In lieu of such secondary egress, every stair hall, public hall and every hall or passage within an apartment shall be equipped on each story with one or more automatic sprinkler heads, installed in accordance with Rule 5 of the Multiple Residence Law . (3) Where access to a required means of egress is provided through a room, such access shall be through a clear opening at least 30 inches wide extending from floor to ceiling, and such opening shall not be equipped with any door or door frame or with any device by means of which the opening may be closed, concealed or obstructed. (4) All doors opening into a public hall or required stair, from any room, shall be fireproof and self-closing. (5) All doors opening from any room to any hall or passage within an apartment shall be self-closing, and all transoms within an apartment shall be permanently closed. All plain glass shall be removed from such doors and transoms and replaced with wired glass, wood or other nonshatterable material. (6) Directly over the opening to every required means of egress within an apartment, there shall be a sign marked "FIRE EXIT" as approved by the Building Department, and lighted by a red light at all times to indicate clearly the location of the means of egress; and on the walls of any hall or passage within the apartment leading to such means of egress, there shall be maintained, at all times, directional signs indicating the location of the fire exit. (7) Every hall or passage within an apartment shall be unobstructed and shall be illuminated by sufficient natural or artificial light to permit a person to read the average print used in a daily newspaper. (8) All wood wainscoting, except a baseboard, shall be removed from every hall or passage within an apartment. F. Sprinkler system. In every dwelling which is not fire-proof, every hall or passage within an apartment shall be equipped with a sprinkler system which shall be extended so as to have at least one sprinkler head in every room. G. Interior fire alarm system. There shall be provided in each such dwelling an adequate and reliable fire alarm system approved by the Building Department, by means of which alarms of fire or other danger may be instantly communicated to every portion of the dwelling. Where a fire-detecting system is installed throughout the building which actuates an interior fire alarm system, or where an automatic sprinkler system is installed throughout the building which actuates an interior fire alarm system by the flow of water through such sprinkler system, a watchman need not be provided as hereinafter required. H. Bulkhead. There shall be a fire-retarded bulkhead in the roof connecting directly with the highest portion of any stairway to the roof; such bulkhead shall contain a fireproof, self-closing door and assembly. Stairs leading to such bulkheads shall be at least fire retarded. I. Cooking. Cooking shall be legally permitted only in designated kitchen and cooking spaces. Any gas fixture in such space shall be connected with permanent, rigid piping. The use of any cooking apparatus in any sleeping room is unlawful. J. Heating. (1) There shall be a central-heating system adequate to heat every sleeping room. The use of any movable heating apparatus in any sleeping room is unlawful. (2) Boiler rooms shall be completely enclosed with in-combustible materials having a fire-resistive rating of at least one hour and shall be provided with a fireproof, self-closing door. An emergency switch with designating switch plate shall be located immediately outside such boiler room. A ten-pound CO2 or equivalent-type fire extinguisher shall be provided and located as determined by the officer charged with the enforcement of this section. Natural ventilation shall be secured from the exterior of the building. K. Bath, basin and water closet. (1) Every apartment shall have at least one bath or shower, one washbasin and one water closet for each six adult persons who may lawfully occupy the rooms in such apartment. If additional baths or showers or water closets are installed within an apartment in order to comply with the provisions of this paragraph, each such water closet shall be in an enclosure separate and apart from every bathroom or shower room, and each such bath or shower shall be in an enclosure separate and apart from every water closet. (2) There shall be access to each required water closet and bathroom without passing through any sleeping room, except that any water closet, washbasin or bathroom which connects directly with any sleeping room shall be deemed to be available only to occupants of such room and shall not be included in the computations for the required number of water closets and bathrooms. (3) When the number of occupants of such dwelling is 11 or more, there shall be provided in such dwelling a laundry tub and facilities for drying clothes. L. Cleaning: rooms, furniture, etc. Every room rented for single-room occupancy and all furniture and bedding shall be thoroughly cleaned before occupancy and every sleeping room at least once a week thereafter. When bed linens are provided, they shall be changed at least once every week. When the rent includes the use of towels, at least one bath and two hand towels shall be provided every week for each occupant. Such cleaning and service shall be the exclusive obligation of the person from whom the occupant rents. M. Cleaning dwellings. Except as in Subsection L above, the owner shall maintain the dwelling as herein prescribed. N. Manager. The owner living on the premises or a competent manager living on the premises shall be responsible for the conduct, operation and maintenance of the dwelling. O. Watchman. There shall be provided at all times a competent watchman's system, complying with Article 4 of the Multiple Residence Law, when the number of sleeping rooms exceeds 30, except as provided in § 88-13G . P. Minimum rental period. It shall be unlawful to rent any room in any such dwelling for a period of less than one week. Q. Registration of occupants. In each such dwelling, a register shall be kept which shall show the name, signature, residence, date of arrival and date of departure of each occupant and the room occupied by him.
Source: Legislative text reproduced verbatim
Plain English

Section 88-13 of the Hempstead Town Code establishes a comprehensive set of safety, structural, and operational standards that apply to multiple-residence buildings used for single-room occupancy (SRO). The rule covers everything from fire egress, sprinkler systems, and interior alarms to sanitation, cooking restrictions, heating requirements, and minimum rental periods. Renting an apartment for SRO use—defined as renting to more than two boarders, roomers, or lodgers—requires a permit, and certain frame buildings more than two stories tall are prohibited from SRO use entirely. The section works alongside New York State's Multiple Residence Law and other applicable Town of Hempstead ordinances.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 9, 2026

Plain English — not legal advice.

For Property Managers

Operators of SRO multiple residences in Hempstead must obtain a permit before renting any apartment for single-room occupancy, as required by § 88-13. Compliant operators generally ensure that fire-egress pathways are unobstructed and properly signed, that sprinkler and interior fire alarm systems meet the section's specifications, that sanitation ratios (one bath, washbasin, and water closet per six adults) are maintained, and that a manager or owner lives on the premises. Operators are also responsible for weekly cleaning of rented rooms and, where applicable, maintaining a watchman system when sleeping rooms exceed 30 and a register of all occupants including arrival and departure dates.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Under § 88-13, tenants living in SRO multiple residences in Hempstead are entitled to a range of baseline protections, including functioning fire-egress routes, working sprinkler and alarm systems, adequate sanitation facilities, and weekly cleaning services provided by the person from whom they rent. Tenants should be aware that renting a room for less than one week is unlawful under this section, and that the building must have a valid SRO permit. Those who believe these standards are not being met may consider contacting the Town of Hempstead's Building Department—which is referenced in § 88-13 as the approving authority—or reaching out to 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

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References Out

Rules and statutes cited by this regulation

Hempstead Town Code ch. 36
Not yet ingested

References In

Rules and statutes that cite this regulation

Hempstead Town Code § 88-3
Hempstead Town Code § 88-5
Hempstead Town Code § 88-12
Hempstead Town Code § 88-1
Hempstead Town Code § 88-12
Hempstead Town Code § 88-12
Hempstead Town Code § 88-3
Hempstead Town Code § 88-5
Hempstead Town Code § 88-15
Hempstead Town Code § 88-13

Related Rules

§ 534.347
Unauthorized sublessor or assignor of leased premises, double damages, when
§ 14.577
ILLEGAL RENTALS, OCCUPANCY LIMITS AND NO SUBLETTING
§ 283
Occupancy permitted

Source Information

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