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Guide to Accessory Apartments in the Town of Babylon

What Homeowners and Buyers Need to Know

Important Note on Incorporated Villages: The Town of Babylon includes incorporated villages such as Amityville, Babylon Village, and Lindenhurst, which have their own independent zoning and building codes. If your property is located within one of these villages, accessory apartment rules may differ significantly or be prohibited. This guide applies primarily to unincorporated areas of the Town of Babylon. Always check with your village’s building or zoning department for village-specific regulations. For example, Village of Babylon may have stricter limits on rentals, while Lindenhurst might require separate permits. Contact information for villages is available on their respective websites (e.g., Village of Babylon).

Welcome to the Jones Hollow Realty Group resource center! If you’re a homeowner in the Town of Babylon considering adding an accessory apartment (also known as an accessory dwelling unit or ADU) to your single-family home, or if you’re buying a property that already has one, this guide is for you. Accessory apartments can provide affordable housing options, extra income, or space for family members, but they must comply with strict local regulations to remain legal and safe.

This guide is based on the Town of Babylon’s Zoning Code (Chapter 213, Article XXIIA) and related programs. Always verify details with Town officials, as rules can change. At Jones Hollow Realty Group, our experienced agents can help you navigate these processes during your home search or sale—contact us at [email protected] or (631) 650-3977 for personalized advice.

What is an Accessory Apartment?

An accessory apartment is an additional self-contained dwelling unit incorporated within a one-family dwelling, containing a second kitchen. It is intended as a temporary exemption from Town zoning laws to allow rentable portions in owner-occupied primary residences, while preserving neighborhood character. Accessory apartments are not permitted in detached structures, basements, or multifamily buildings. They must be fully integrated into the main house.

Key Eligibility and Requirements

To create or maintain a legal accessory apartment, your property must meet these criteria. Applications are reviewed by the Accessory Apartment Review Board (AARB).

Property and Lot Requirements

  • Home Age: The dwelling must have a certificate of occupancy (CO) at least 3 years old.
  • Zoning: Allowed in single-family residence districts; no restrictions in the CO prohibiting accessory apartments.
  • Limit: Only one accessory apartment per dwelling.
  • Location: Must be within the principal dwelling; basement apartments are prohibited.
  • Health and Safety: Must comply with New York State Uniform Fire Prevention and Building Code for two-family dwellings, Suffolk County health codes (e.g., septic/sewer), and Town standards.

Design and Size Limits

  • Bedrooms and Occupancy: Maximum of 2 bedrooms.
  • Floor Area: Minimum 300 square feet; maximum 900 square feet or 35% of the total floor area of the dwelling (whichever is less).
  • Exterior Appearance: Must maintain the appearance of a single-family residence. No separate external entrances that alter the character; utility meters should not be prominently visible.
  • Expansions: Any additions may require variances and will trigger reassessment.

Owner and Occupancy Rules

  • Owner Occupancy: The dwelling must be owner-occupied. The owner (or owners) must reside in either the main unit or the accessory apartment. No permits for non-owner-occupied properties or those owned by corporations/LLCs.
  • Rental Restrictions: Intended for long-term rentals; short-term rentals (e.g., Airbnb) are not explicitly addressed but may violate zoning if not compliant. No discrimination in renting.
  • Prohibitions: No permit if the owner or occupant is a registered sex offender. The apartment cannot be used for commercial purposes.

Parking and Maintenance

  • Off-Street Parking: At least 2 spaces for the accessory apartment, in addition to those required for the main dwelling. Must be arranged to avoid congestion and maintain residential appearance.
  • Upkeep: The entire property must be maintained in good condition per Town codes. Violations can lead to permit denial or revocation.

Violations can result in fines up to $1,000 per day, permit revocation, and legal action under Town Code penalties.

The Permitting Process

Obtaining a legal accessory apartment requires approval from the Accessory Apartment Review Board (AARB):

  1. Application: Submit the Accessory Apartment Permit Application (PDF) to the Planning & Development Department. Include floor plans, photos, proof of ownership, affidavits, and fees.
  2. Review and Hearing: A public hearing is required before the AARB. Neighbors may be notified.
  3. Approvals: If granted, obtain building permits from the Building Division for any construction/alterations. Comply with inspections.
  4. Timeline: Permits are issued for up to 3 years (initial and renewals).
  5. Renewal: Every 3 years; submit renewal application with updated affidavits and fees. No hearing unless complaints.
  6. Revocation: For violations, after a hearing; automatic for non-compliance or false statements.
  7. Fees: Application fee (around $500); renewal fee (around $250); contact the department for current rates.

For forms and online submissions, visit the Town’s Planning Forms page: https://www.townofbabylonny.gov/524/Planning-Forms-Fillable-Online. Schedule appointments at (631) 957-7468.

Buying a Home with an Existing Accessory Apartment

If you’re purchasing a property in Babylon with an already-set-up apartment, check its legal status during due diligence. Search Town records or request seller disclosure.

If It’s Already Legal

  • The permit is transferable to the new owner within 30 days of title transfer.
  • Submit an Affidavit of Transfer to the AARB (no hearing typically needed). Provide proof of ownership, residency affidavit, and confirm compliance.
  • Renew every 3 years.
  • Verify status: Contact the Accessory Apartment Division for records.

If It’s Illegal or Unpermitted

  • Common on Long Island; purchasing doesn’t legalize it—you become responsible for violations.
  • To legalize: Apply for a new permit through the AARB (with hearing), obtain building approvals, and update the CO.
  • Costs can be high; negotiate seller credits. A home inspection can reveal illegal features (e.g., basement kitchens).

At Jones Hollow Realty Group, we recommend a real estate attorney and thorough title search to avoid surprises.

Incentives: The Plus One Accessory Apartment Program

Launched as part of New York State’s initiative, this program (administered by Community Development Corporation of Long Island—CDCLI) offers grants up to $125,000 to low- to middle-income homeowners in the Town of Babylon for creating, legalizing, or upgrading ADUs. Eligibility includes:

  • Owner-occupants of single-family homes.
  • Household income at or below area median (verify current limits).
  • Compliance with Town zoning and codes.
  • Commitment to affordable long-term rentals.

Note: As of the latest information, the grant application for Babylon is currently closed, but check for reopenings or waitlists. Applications are first-come, first-served via CDCLI. Review guidelines and apply at https://www.cdli.org/howwecanhelp/plus-one-adu-program. For assistance, contact CDCLI at (631) 471-1215 x154 or via their contact form.

Resources and Contacts

Disclaimer

This guide is for informational purposes only and is not legal advice. Rules are subject to change; consult the Town of Babylon, a qualified attorney, or a licensed professional for your specific situation. Jones Hollow Realty Group is not responsible for any actions taken based on this information. Updated as of January 2026.

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