ADU rules in Nassau County, NY β also called accessory dwelling unit regulations or granny flat ordinances β cover setbacks, owner-occupancy, parking, and permit requirements.
Accessory dwelling units (ADUs) in Nassau County are heavily regulated by individual towns and villages, with many jurisdictions either prohibiting ADUs outright or restricting them to owner-occupied single-family lots with strict size, parking, and family-member occupancy limits. No state ADU preemption exists in New York.
Town of Hempstead, North Hempstead, and Oyster Bay all have accessory apartment ordinances but with significant restrictions: owner must occupy the primary residence, ADU must be internal (typically not detached), minimum lot sizes apply, separate permit and annual registration required, and many villages prohibit ADUs entirely. Illegal basement and attic apartments are a major enforcement issue in Nassau (especially in Hempstead and Long Beach), resulting in periodic task force sweeps. Governor Hochul's 2022 statewide ADU legalization proposal was withdrawn after strong Nassau/Westchester opposition.
Illegal ADU operation: $1,000-$10,000 per violation, daily continuing fines, potential vacate orders requiring tenant eviction, and rental-income forfeiture. Landlord registration violations add $500-$2,500.
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See how Nassau County's adu rules rules stack up against other locations.
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