Oyster Bay, NY Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Occupancy limit
- Immediate family members only
- Units per lot
- Maximum of one
- Bedroom cap
- 2 bedrooms maximum
- Shared features required
- Entrance, doorbell, mailbox, meter
- Last amended
- June 26, 2018 (L.L. No. 6-2018)
Summary
Oyster Bay's 'parent-child residence' accessory unit is not a rental apartment: it may house only an immediate family member of the resident/owner, capped at one per lot with no more than two bedrooms, and it requires a special use permit rather than a building permit alone.
5.5.18 Parent-child residences. It is the specific purpose and intent of the Town Board to provide the opportunity for the development of small dwelling units designed to meet the special housing needs of a member of the immediate family of a resident/owner. It is understood that a member of the immediate family of a resident/owner shall be deemed to be a resident/owner's spouse, child, mother, father, brother, sister, grandparents, step-parents, step-child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchild, aunt ... or uncle ... living in the Town of Oyster Bay. ... 5.5.18.2 A maximum of one parent-child residence shall be permitted on any lot. 5.5.18.3 The accessory residence shall be subordinate in area to the principal unit and shall contain a maximum of two bedrooms.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).
Full Breakdown
' Because occupancy is restricted to that defined family circle, the unit cannot be leased on the open market the way an ordinary accessory apartment could be. 3 requires the accessory unit to be 'subordinate in area to the principal unit' with a hard limit of two bedrooms. 6 requires both units to share a common entranceway, doorbell, mailbox and electric meter so the building continues to read as a single-family home from the street. 5. These standards were most recently amended June 26, 2018 by Local Law No. 6-2018, following an earlier 2012 amendment.
Violations & Fines
Occupying a parent-child accessory unit with a tenant who is not an immediate family member, exceeding one unit per lot, exceeding the two-bedroom cap, or losing the shared-entrance/doorbell/mailbox/meter configuration required by § 246-5.5.18 is a zoning violation under § 246-14.7.1, and can also support revocation of the special use permit and certificate of occupancy under § 246-6's conditions-and-safeguards provisions if not cured within 30 days of a notice of violation.
Frequently Asked Questions
Can I rent out a parent-child residence to a non-family tenant in Oyster Bay?
How many parent-child units can one Oyster Bay lot have?
Can a lot have both a home business and a parent-child residence in Oyster Bay?
Sources & Official References
Other rules in Oyster Bay
New York rules heatmap·Compare Oyster Bay to another location·View the New York accessory structures overview
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