Babylon, NY Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Governing section
- § 153-18.A
- Owner must occupy
- the one-family dwelling
- One permit per owner
- in the Town
- Permit ends
- if occupancy stops, § 153-15.B
Summary
The Town of Babylon requires the homeowner to live on-site before granting an accessory apartment permit, and bars owners of other permitted properties from getting a second one.
The dwelling must be owner-occupied. No accessory apartment permit shall be awarded to an applicant where the same individual or individuals appear as the owner or co-owner of any interest in any other dwelling in the Town of Babylon that has been granted an accessory apartment permit.
B. The dwelling must have adequate on-site parking spaces per dwelling unit. The parking spaces must be paved with asphalt, concrete or other suitable material of a permanent nature as may be approved by the Board. The Board may waive these requirements if it finds these requirements not to be feasible and upon the recommendation of the Commissioner of Planning and Development.
C. The owner-occupant may reside in the accessory apartment.
D. Each dwelling unit must have a minimum of 350 habitable square feet. One of the dwelling units shall be limited in size to a total of three rooms, not including a kitchen, a living room or bathrooms. No rental unit may be contained in any building or structure other than the main dwelling. No part of the rental unit may be contained in the cellar. This section shall apply to all new accessory apartment applications and all pending accessory apartment applications not yet decided by the Board and shall not apply to renewal applications and transfer applications. [Amended 9-2-2003 by L.L. No. 17-2003; 10-7-2003 by L.L. No. 23-2003]
E.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4941158; v66 updated 2026-05-13; through 05-13-2026).
Full Breakdown
Town of Babylon Code § 153-18.A conditions every accessory apartment special permit on owner-occupancy: the dwelling must be owner-occupied, and the Accessory Apartment Review Board won't award a permit to anyone who already owns or co-owns an interest in another Town dwelling holding an accessory apartment permit. Section 153-18.C lets the owner-occupant choose to live in the smaller accessory unit rather than the main house. All permits granted under this article terminate immediately if every owner-occupant named on the permit dies or stops living on the property, per § 153-15.B.
Violations & Fines
Losing owner-occupant status ends the permit immediately under § 153-15.B; continuing to rent the unit afterward becomes an unpermitted accessory apartment, punishable under § 153-21 with fines from $500 to $2,500 depending on offense count.
Frequently Asked Questions
Can an absentee landlord get an accessory apartment permit?
Can I hold two accessory apartment permits in the Town?
Sources & Official References
Other rules in Babylon
New York rules heatmap·Compare Babylon to another location·View the New York accessory structures overview
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ADU Owner Occupancy in Nearby Cities
How other cities in Suffolk County handle adu owner occupancy.