What Homeowners and Buyers Need to Know

Important Note on Incorporated Villages: The Town of Huntington includes incorporated villages such as Asharoken, Huntington Bay, Lloyd Harbor, and Northport, 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 Huntington. Always check with your village’s building or zoning department for village-specific regulations. For example, villages may have stricter limits on secondary units or require separate applications. Contact information for villages is available on their respective websites (e.g., Village of Northport).

Welcome to the Jones Hollow Realty Group resource center! If you’re a homeowner in the Town of Huntington 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 Huntington’s Zoning Code (Chapter 198, Article XXII) 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 info@joneshollowrealty.com or (631) 650-3977 for personalized advice.

What is an Accessory Apartment?

An accessory apartment, or ADU, is a secondary dwelling unit within an owner-occupied single-family detached home in residence districts. It is designed to meet housing needs for small households, promote efficient use of existing homes, ensure code compliance, and maintain neighborhood stability. ADUs must be integrated into the main structure and cannot be in detached buildings (e.g., garages or sheds). Basement or cellar ADUs are prohibited for new applications after July 16, 2019, unless previously permitted. Owners may live in the ADU and rent the main dwelling.

Key Eligibility and Requirements

To create or maintain a legal accessory apartment, your property must meet these criteria:

Property and Lot Requirements

• Zoning Districts: Allowed as a conditional use in residence districts with Zoning Board of Appeals (ZBA) permission.
• Minimum Lot Size: 5,000 square feet; minimum frontage: 50 linear feet (measured at front building line for cul-de-sacs).
• Home Age: Certificate of occupancy (CO) as a single-family dwelling for at least 3 years.
• Limit: Only one ADU per dwelling and per lot; cannot be in a separate structure.
• Density Cap: Not allowed if 10% or more of lots within a 0.5-mile radius have ADUs (ZBA variance possible in sparse areas).
• Health and Safety: Must comply with New York State Uniform Fire Prevention and Building Code for two-family dwellings, plus Suffolk County health codes (e.g., septic systems).

Design and Size Limits

• Bedrooms and Occupancy: Maximum of 2 bedrooms; minimum 300 square feet habitable space; maximum 650 square feet; occupancy limited to 1 person per 70 square feet of habitable bedroom space (excluding children under 5).
• Exterior Appearance: No additional front entrances; all entrances on sides or rear; utility meters and electrical panels not visible from the street; maintain single-family residential appearance.
• Prohibited Locations: No new basement, cellar, or attic ADUs (post-July 2019); no expansions that alter character.
• Expansions: Any additions require permits and may trigger reassessment.

Owner and Occupancy Rules

• Owner Occupancy: The property must be the principal residence (domicile) of the owner (natural person). Owners may reside in the ADU and rent the main dwelling. Non-owner-occupied permits (issued before Dec. 31, 1997) can continue if compliant, but new ones are owner-occupied only. Absentee owners must designate a Town resident representative.
• Rental Restrictions: No short-term rentals (e.g., Airbnb) without an additional short-term rental permit under Chapter 160; owner must live in the main dwelling for STRs. Discrimination in renting is prohibited under fair housing laws.
• Prohibitions: No ADUs if owner or occupant is a registered sex offender; no commercial use.

Parking and Maintenance

• Off-Street Parking: 2 spaces for 1-bedroom ADUs; 3 for 2-bedroom; unobstructed access; must be paved (asphalt, concrete, or approved material); maximum driveway width 18-30 feet based on lot and bedrooms (ZBA may adjust).
• Upkeep: Property must be maintained neatly per Town codes; Town can inspect and enforce.

Violations can lead to fines, revocation, and legal action under Town Code penalties.

The Permitting Process

Obtaining a legal accessory apartment requires approval from the Zoning Board of Appeals (ZBA):

1. Application: Submit to the Accessory Dwelling Unit Bureau (signed and notarized) with survey, floor plans, photos, deed, driver’s license, and affidavit. Includes public hearing notice (published 2 weeks prior, mailed to neighbors within 500 feet 20 days prior).
2. Review and Hearing: Hearing Officer reviews; public hearing required; ZBA decides based on no adverse impacts (traffic, neighborhood character, property values).
3. Approvals: If granted, obtain building/plumbing permits for any work (e.g., kitchen installations, sheetrock). Full property inspection required.
4. Timeline: Construction per permit timelines; permit valid for 2 years.
5. Renewal: Every 2 years; submit application with residency proof, leases; inspection required; no hearing unless issues.
6. Revocation: For violations, after hearing; 1-3 year ban on reapplication.
7. Fees: Initial $350 ($1,000 if prior violation); renewal $500/2 years ($300 if all owners 65+); transfer $250-$500.

For forms and submissions, visit the Accessory Dwelling Unit Bureau page: https://www.huntingtonny.gov/accessory-apartments.

Buying a Home with an Existing Accessory Apartment

If you’re purchasing a property in Huntington with an already-set-up apartment, check its legal status during due diligence:

If It’s Already Legal

• Permits are transferable within 90 days of title transfer.
• Apply to the Accessory Dwelling Unit Bureau with proof of ownership, residency affidavit, photos, deed; inspection required.
• Renew every 2 years.
• Search Town records: Contact the bureau for permit status.

If It’s Illegal or Unpermitted

• Common issue; purchase doesn’t legalize it—you’re liable for violations.
• To legalize: Apply for a new permit through ZBA (with hearing), get building approvals, and update the certificate of occupancy.
• Costs can be significant; negotiate seller concessions. A home inspection can identify illegal features (e.g., separate entrances or 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 in December 2023, this state-funded program (administered by the Long Island Housing Partnership—LIHP) offers grants up to $125,000 to low- and middle-income homeowners to create new ADUs or legalize/upgrade existing ones. Eligibility includes:

• Owner-occupants of single-family homes in Huntington.
• Income limits (low- to middle-income households).
• Compliance with Town zoning and codes.
• Priority for properties needing code upgrades or near transit.

Applications are first-come, first-served via LIHP. Review guidelines and apply at https://lihp.tfaforms.net/wf7op1A. For assistance, call LIHP at (631) 435-4710.

Resources and Contacts

• Town of Huntington Official Website: https://www.huntingtonny.gov/—Access permits, applications, and more.
• Zoning Code (Accessory Dwelling Units): https://ecode360.com/7232172.
• Accessory Dwelling Unit Bureau: (631) 351-3009 | Town Hall, Room 205, 100 Main Street, Huntington, NY 11743.
• Zoning Board of Appeals: (631) 351-3196 | For hearings and variances.
• Building Department: (631) 351-2821 | For permits and inspections.
• Plus One Program: https://www.huntingtonny.gov/ADU | LIHP: (631) 435-4710 | https://www.lihp.org/adu.html.
• General Inquiries: Town Hall: (631) 351-3000 | Contact Form.

Disclaimer

This guide is for informational purposes only and is not legal advice. Rules are subject to change; consult the Town of Huntington, 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.