North Hempstead, N.Y., Code of Ordinances ch. 28 (eCode360 ed. 2026) § 28-10
Basement dwelling units
Operative Text
No room in any basement shall be occupied as a habitable room unless: A. The finished floor surface is not more than four feet below grade. B. The ceiling is not less than four feet above grade. C. The floors and walls are waterproof and dampproof in accordance with an approved method, if no contact with earth. Such waterproofing shall be between the floor or wall finish and the ground.
North Hempstead, N.Y., Code of Ordinances ch. 28 § 28-10 establishes minimum physical conditions that a basement room must meet before it can legally be used as a habitable space. Specifically, the finished floor cannot sit more than four feet below the surrounding grade, the ceiling must rise at least four feet above grade, and any floors or walls that do not directly contact the earth must be waterproofed and dampproofed using an approved method placed between the finish surface and the ground. These requirements are intended to ensure that basement living spaces meet basic standards for safety and habitability.
Plain English — not legal advice.
Operators of residential properties in North Hempstead should verify that any basement room offered for occupancy satisfies all three conditions set out in ch. 28 § 28-10 before allowing a tenant to move in. Compliant operators typically document the floor-to-grade depth, ceiling-to-grade height, and the waterproofing method used — including the placement of waterproofing materials between the finish surface and the ground — and retain those records. Allowing a tenant to occupy a basement room that does not meet these standards may expose the property to code-enforcement action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under North Hempstead, N.Y., Code of Ordinances ch. 28 § 28-10, tenants have a right to occupy basement rooms only when those spaces meet specific structural and waterproofing standards, meaning a landlord generally cannot lawfully rent a basement room that falls short of these requirements. If a tenant believes their basement unit does not comply — for example, because the floor sits too far below grade or moisture is penetrating walls or floors — they may consider raising the issue with North Hempstead's local code enforcement or building department. Tenant-rights organizations familiar with Nassau County housing codes can help explain available options, including how a code violation might be relevant to habitability claims.
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.
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