Southampton Village, NY Accessory Structures: ADU Rental Restrictions (2026)

Article IX of Chapter 116 shapes any tenancy in an accessory apartment through a set of limits rather than a stand-alone rental rule. Location comes first. Section 116-54, titled Expressly prohibited uses, says an accessory apartment shall not be located within an accessory structure. Section 116-58 adds that there is no more than one accessory apartment per lot and that accessory apartments are permitted only within structures holding a certificate of occupancy or certificate of compliance for a single-family dwelling. Section 116-52 limits tenants to the accessory apartment unit and requires an owner to live in the principal dwelling.

Section 116-57 sets the occupancy numbers. Each accessory apartment is permitted a maximum of two bedrooms, and occupancy cannot exceed one per 150 feet of gross floor area. The unit must be at least 400 square feet and no larger than the lesser of 50% of the principal dwelling's gross floor area or 800 square feet. Section 116-60 adds parking: one off-street space per 400 square feet, or part thereof, of livable floor area.

The permit holder answers for the tenant. Under § 116-63(A), the Board of Appeals can revoke an accessory apartment permit after a hearing if the applicant or the applicant's tenant violates any provision or any condition imposed on the special permit, using the same notification requirements as a hearing on a new application. Section 116-63(B) lists further grounds, on application of the Village Attorney's office or the Building Inspector: fighting or violent, tumultuous or threatening behavior by any occupant, unreasonable noise on a regular basis, repeated calls to the police for disturbances or disputes, obstruction of vehicular or pedestrian traffic by vehicles from or at the premises, a hazardous or physically offensive condition created by an occupant, existing violations of the Village Code, and violations of any state or local law on the premises.