Huntington, NY Accessory Structures: ADU Owner Occupancy (2026)

Section 198-134(A)(1) sets the foundational owner-occupancy test for every accessory dwelling unit permit: the single family dwelling must be the principal residence, or domicile, of the owner, and the owner must be a natural person, which can include someone holding a life estate interest. That requirement follows the unit through a sale. Section 198-135(B) ties the permit's survival to the transfer: a permit for an owner-occupied structure can be transferred only if the new owner files a transfer application under § 198-136(F) within ninety days of closing, and the main dwelling will be, or already is, the new owner's principal residence.

Miss that ninety-day window and the current permit becomes null and void, and § 198-133(D) creates a presumption that the unit is being operated illegally. Section 198-133(A)(3) lets the owner flip which unit they live in, occupying the accessory unit and renting the main house, but that swap triggers a full inspection of the entire single-family dwelling at the next annual review. The Town backs the owner-occupancy line with money as well as process: § 198-142(A) sets the biennial fee for an owner-occupied accessory dwelling unit permit at $500, reduced to $300 if all owners are 65 or older, while § 198-145(A) charges $950 per two-year term for a non-owner-occupied unit and requires a $1,000 cash security deposit per unit under (C), forfeitable if the property falls out of compliance.