LI rules on apartments in private homes

Long Island has 112 towns, cities and villages with regulations about accessory apartments. The Long Island Index compiled a list of them.

Long Island has 112 towns, cities and villages with regulations about accessory apartments. The Long Island Index, a project of the Garden City-based Rauch Foundation, which funds research on housing, planning and the environment, compiled a list of them as part of a report by Elizabeth Moore urging more rental apartments in private homes. You can read more here.

Click on the map for details on any area, or search the table below. Categories include municipalities where accessory apartments before a certain date were "grandfathered" in. Colors for villages in the map are darkened a bit to help them stand out from surrounding unincorporated areas. This data was posted on June 24, 2017.

Policies on accessory apartments

  • Permitted
  • Not permitted
  • Limited
  • Grandfathered
  • Family and/or domestic staff
Municipality Policy Notes
Municipality Babylon Town (unincorporated areas) Policy Permitted Notes Accessory apartment permits may be obtained from the Accessory Apartment Review Board after a public hearing. Permit may be revoked if there is excessive noise or disruptive activity. Owner occupancy required; home must maintain only one front door; minimum of 350 square feet; owner must demonstrate sufficient parking.
Municipality Brookhaven Town (unincorporated areas) Policy Permitted Notes Provisional permit obtained by application to the chief building inspector; renewals from the Accessory Apartment Review Board. Standard apartment size 350 to 650 square feet and no more than 40 percent of home's living area. No more than 5 percent of homes within a half-mile radius may have accessory apartments. No registered sex offenders allowed.
Municipality East Hampton Town (unincorporated areas) Policy Permitted Notes In homes built 1984 and older.
Municipality Huntington Town (unincorporated areas) Policy Permitted Notes Permits for apartments 300 to 650 square feet may be obtained from the Zoning Board of Appeals. Off-street parking must be used; second entrance must be out of sight on side or rear of building; additional utilities must be hidden. No registered sex offenders. No more than 10 percent of homes in a half-mile radius may have apartments.
Municipality City of Glen Cove Policy Not permitted Notes
Municipality Hempstead Town (unincorporated areas) Policy Limited Notes Mother-daughter apartments for which siblings also may qualify; Senior residence permits allow accessory apartment if homeowner or spouse is 62 years old.
Municipality City of Long Beach Policy Not permitted Notes
Municipality Islip Town (unincorporated areas) Policy Permitted Notes Permits for apartments of 300 to 800 square feet, but no more than 50 percent of the home's area, may be obtained from the Zoning Board of Appeals after a hearing and notice to neighbors. Renewable every three years. No basement apartments.
Municipality Riverhead Town (unincorporated areas) Policy Permitted Notes
Municipality Shelter Island Town (unincorporated areas) Policy Permitted Notes
Municipality Smithtown (unincorporated areas) Policy Family and/or domestic staff only Notes Immediate family. Relaxed in 2012 to allow separate entrances and below-grade apartments.
Municipality Southampton Town (unincorporated areas) Policy Limited Notes
Municipality Southold Town (unincorporated areas) Policy Permitted Notes
Municipality North Hempstead Town (unincorporated areas) Policy Limited Notes Mother-daughter residence for parent or child, owner occupied, maximum 700 square feet, must share utilities and entrance.
Municipality Oyster Bay Town (unincorporated areas) Policy Family and/or domestic staff only Notes Domestic employees or family members. But as of 2012, parent-child residence can include stepparents / stepchildren, in-laws or grandparents/ grandchildren.
Municipality Amityville Village Policy Limited Notes By special exception from the Zoning Board of Appeals: parent-child residences on lots of at least 2/3 acre; and renewals of owner-occupied two-family dwellings.
Municipality Asharoken Village Policy Not permitted Notes
Municipality Atlantic Beach Village Policy Not permitted Notes
Municipality Babylon Village Policy Family and/or domestic staff only Notes Family only.
Municipality Baxter Estates Village Policy Not permitted Notes
Municipality Bayville Village Policy Family and/or domestic staff only Notes Parents or children only.
Municipality Belle Terre Village Policy Not permitted Notes
Municipality Bellerose Village Policy Not permitted Notes
Municipality Bellport Village Policy Not permitted Notes
Municipality Brightwaters Village Policy Grandfathered Notes Eight apartments on the books.
Municipality Brookville Village Policy Not permitted Notes
Municipality Cedarhurst Village Policy Family and/or domestic staff only Notes Mother-daughter.
Municipality Centre Island Village Policy Family and/or domestic staff only Notes For domestic servants, or with a lot large enough for a second single-family home.
Municipality Cove Neck Village Policy Family and/or domestic staff only Notes Restricted to dwelling units legal before Sept. 11, 1985. For domestic servants, family members, or with a lot large enough for a second single-family home.
Municipality Dering Harbor Village Policy Not permitted Notes
Municipality East Hampton Village Policy Limited Notes In certain timber-framed landmarked buildings, or over stores.
Municipality East Hills Village Policy Not permitted Notes
Municipality East Rockaway Village Policy Not permitted Notes
Municipality East Williston Village Policy Not permitted Notes
Municipality Farmingdale Village Policy Not permitted Notes
Municipality Floral Park Village Policy Grandfathered Notes
Municipality Flower Hill Village Policy Family and/or domestic staff only Notes A second kitchen for children or parents of the homeowner.
Municipality Freeport Village Policy Not permitted Notes
Municipality Garden City Village Policy Not permitted Notes
Municipality Great Neck Village Policy Not permitted Notes
Municipality Great Neck Estates Village Policy Not permitted Notes
Municipality Great Neck Plaza Village Policy Not permitted Notes
Municipality Greenport Village Policy Limited Notes A small number of artists' units. Two-family houses are common in the village.
Municipality Head of the Harbor Village Policy Not permitted Notes
Municipality Hempstead Village Policy Not permitted Notes
Municipality Hewlett Bay Park Village Policy Not permitted Notes
Municipality Hewlett Harbor Village Policy Not permitted Notes
Municipality Hewlett Neck Village Policy Not permitted Notes
Municipality Huntington Bay Village Policy Family and/or domestic staff only Notes Family and domestic employees only; no rentals.
Municipality Island Park Village Policy Family and/or domestic staff only Notes Mother-daughter / father-son unit restricted to a blood relative of the legal owner, defined as a parent, child, adoptive child, grandparent, grandchild or sibling. The accessory unit must have unobstructed access to the main part of the house.
Municipality Islandia Village Policy Not permitted Notes
Municipality Kensington Village Policy Not permitted Notes
Municipality Kings Point Village Policy Not permitted Notes
Municipality Lake Grove Village Policy Not permitted Notes
Municipality Lake Success Village Policy Not permitted Notes
Municipality Lattingtown Village Policy Limited Notes Lot must be large enough to accommodate an additional single-family home within existing zoning.
Municipality Laurel Hollow Village Policy Limited Notes Guesthouses designed or equipped for anyone but servants, caretakers or chauffeurs must meet all acreage, design and setback requirements for an additional single family home.
Municipality Lawrence Village Policy Grandfathered Notes
Municipality Lindenhurst Village Policy Permitted Notes Single-family homeowners may apply for a temporary two-family permit or approval of a second kitchen; owner occupancy is required.
Municipality Lloyd Harbor Village Policy Not permitted Notes
Municipality Lynbrook Village Policy Not permitted Notes
Municipality Malverne Village Policy Limited Notes Special exceptions for temporary hardship.
Municipality Manorhaven Village Policy Not permitted Notes
Municipality Massapequa Park Village Policy Family and/or domestic staff only Notes Family only.
Municipality Mastic Beach Village Policy Family and/or domestic staff only Notes Family only.
Municipality Matinecock Village Policy Limited Notes For domestic servants, or unrestricted if dwelling was legal before July 1, 2003 on a lot large enough to accommodate two single-family homes.
Municipality Mill Neck Village Policy Not permitted Notes
Municipality Mineola Village Policy Not permitted Notes
Municipality Munsey Park Village Policy Not permitted Notes
Municipality Muttontown Village Policy Limited Notes For domestic employees; or unrestricted if the unit was legal prior to Nov. 1, 1973, and the lot has at least two acres for each dwelling.
Municipality New Hyde Park Village Policy Family and/or domestic staff only Notes Family only, or an owner must be 62 or older with earned household income of $15,000 or less; extensive permit and inspection requirements.
Municipality Nissequogue Village Policy Not permitted Notes
Municipality North Haven Village Policy Not permitted Notes
Municipality North Hills Village Policy Not permitted Notes
Municipality Northport Village Policy Not permitted Notes
Municipality Ocean Beach Village Policy Not permitted Notes
Municipality Old Brookville Village Policy Not permitted Notes
Municipality Old Field Village Policy Not permitted Notes
Municipality Old Westbury Village Policy Not permitted Notes
Municipality Oyster Bay Cove Village Policy Grandfathered Notes An accessory dwelling must meet all zoning requirements of a second single-family home. Those legal before February 1988 may house anyone; all others may only be used by domestic employees, caretakers or chauffeurs.
Municipality Patchogue Village Policy Not permitted Notes
Municipality Plandome Village Policy Not permitted Notes
Municipality Plandome Heights Village Policy Not permitted Notes
Municipality Plandome Manor Village Policy Not permitted Notes
Municipality Poquott Village Policy Not permitted Notes
Municipality Port Jefferson Village Policy Not permitted Notes
Municipality Port Washington North Village Policy Grandfathered Notes
Municipality Quogue Village Policy Not permitted Notes
Municipality Rockville Centre Village Policy Not permitted Notes
Municipality Roslyn Village Policy Not permitted Notes
Municipality Roslyn Estates Village Policy Not permitted Notes
Municipality Roslyn Harbor Village Policy Not permitted Notes
Municipality Russell Gardens Village Policy Not permitted Notes
Municipality Saddle Rock Village Policy Not permitted Notes
Municipality Sag Harbor Village Policy Permitted Notes Incentives provided to encourage development of apartments for low-moderate income residents, emergency services and hospital workers, teachers, civil servants and local business employees. Permits may be transferred. Amnesty for legalizing units.
Municipality Sagaponack Village Policy Not permitted Notes Resident agricultural workers may be housed on an active farm; no more than six workers per house per 25 acres.
Municipality Saltaire Village Policy Not permitted Notes
Municipality Sands Point Village Policy Not permitted Notes
Municipality Sea Cliff Village Policy Family and/or domestic staff only Notes Family only.
Municipality Shoreham Village Policy Family and/or domestic staff only Notes Family and domestic employees only.
Municipality South Floral Park Village Policy Not permitted Notes
Municipality Southampton Village Policy Permitted Notes Preference given to residents or local employees; limited to 20 units.
Municipality Stewart Manor Village Policy Not permitted Notes
Municipality Thomaston Village Policy Not permitted Notes
Municipality Upper Brookville Village Policy Not permitted Notes
Municipality Valley Stream Village Policy Family and/or domestic staff only Notes Family only.
Municipality Village of the Branch Policy Not permitted Notes
Municipality West Hampton Dunes Village Policy Permitted Notes
Municipality Westbury Village Policy Permitted Notes Accessory apartments covered by rental dwelling permit rules, but these do not limit the size of the unit or require owner occupancy.
Municipality Westhampton Beach Village Policy Permitted Notes For family; low/moderate income; emergency services workers; active volunteers; graduates of a local high school; or municipal or local employees in the town or village.
Municipality Williston Park Village Policy Limited Notes Board of Appeals may grant two-year special exception permits in cases of demonstrated medical or financial hardship.
Municipality Woodsburgh Village Policy Not permitted Notes

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