Brookhaven, NY Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner occupancy
- Owner must live in main house or apartment
- Apartments per lot
- One accessory apartment per lot, maximum
- Entity ownership
- LLCs, corporations, partnerships barred from licensing
- License term
- Up to 3 years, renews for 5 years
- Saturation cap
- No new license if 5%+ of nearby lots qualify
- Enforcing agency
- Chief Building Inspector, Town of Brookhaven
Summary
Brookhaven requires the property owner to live in either the main house or the accessory apartment before the Town will issue an accessory apartment license. Corporate and LLC ownership is barred outright, and only one accessory apartment is allowed per lot, keeping accessory apartments tied to owner-occupied, one-family homes across the Town's residential districts.
The owner(s) of the lot upon which the accessory apartment is located shall reside within the dwelling that contains the accessory apartment. The owner may occupy either the larger dwelling unit or the accessory apartment. No other owner(s) shall own a larger percentage collectively or individually than the owner-occupant. A homeowner shall be permitted one accessory apartment only, and only one accessory apartment per dwelling shall be permitted. Dwellings owned by entities including, but not limited to, limited-liability companies, corporations, small corporations, partnerships and professional corporations, are expressly prohibited from obtaining a provisional accessory apartment license.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).
Full Breakdown
Brookhaven Town Code § 85-258 allows one accessory apartment per lot in the A, A-1, A-2, A-5, B, B-1 and C Residence Districts, but only if the lot's owner actually lives on the property. B(1), the owner may occupy either the principal dwelling or the accessory apartment, but no other owner may hold a larger ownership share than the resident owner-occupant, and dwellings titled to an LLC, corporation, partnership or professional corporation are expressly barred from obtaining a provisional accessory apartment license. B(2). B(3). B(11), the applicant must file an acknowledged statement that the license terminates automatically on the owner's death, on transfer of title, or the moment the owner stops occupying the premises as a principal residence. B(13), though the Chief Building Inspector can waive that cap in sparsely developed areas. B(7).
Violations & Fines
Violating § 85-258 or any accessory-apartment license condition is punishable under § 85-158.E: a first conviction carries a fine of $2,500 to $6,000 or up to 15 days in jail; a second conviction within five years, $5,000 to $10,000 or up to six months; a third or later offense, $7,500 to $15,000 with up to six months, and each week of continued violation is a separate offense. The Chief Building Inspector can also revoke the license after a hearing.
Frequently Asked Questions
Can I rent out my Brookhaven accessory apartment if I don't live there?
Can an LLC or corporation own a house with an accessory apartment in Brookhaven?
What happens to the accessory apartment license when I sell my house?
Sources & Official References
Other rules in Brookhaven
New York rules heatmap·Compare Brookhaven 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.