Huntington, NY Accessory Structures: ADU Rental Restrictions (2026)

Town Code Article XX governs accessory dwelling units (ADUs) outside the Village of Huntington Bay, Lloyd Harbor, Northport and Asharoken, which run their own codes. Under § 198-133(A)(2), an ADU in an owner-occupied single-family home may be used as a short-term rental only if the property owner lives in the main dwelling, a valid ADU permit is in effect, and the owner has separately obtained a short-term rental permit from the Department of Public Safety; short-term rentals must otherwise comply with Chapter 160 of the Town Code.

Section 198-133(B)(1) makes it unlawful to use, establish, maintain, operate, occupy, rent or lease any part of a premises as an ADU without first obtaining an ADU permit, and failure to procure one is itself a violation of the Article. If the owner instead chooses to live in the ADU and rent out the main dwelling, neither unit may be used as a short-term rental at all (§ 198-133(B)(2)-(3)). Renting also triggers the underlying permit conditions in § 198-134: the ADU must be capped at 300 to 650 square feet of habitable space, no more than two bedrooms, occupancy limited to one person per 70 square feet, and the property must provide two off-street parking spaces for a one-bedroom rental unit or three for a two-bedroom unit.

A permit runs two years from issuance (§ 198-135(A)) and does not transfer automatically on sale of the home. Advertising an ADU or ADU short-term rental without the required permit number displayed is also unlawful under § 198-133(B)(8)-(9).