Simone Lawson
The Town of Brookhaven, NY, defines an apartment as a building, structure, or dwelling that complies with the New York State Uniform Fire Prevention and Building Code and/or the laws and housing regulations of the State of New York, County of Suffolk, and Town of Brookhaven. Brookhaven allows accessory apartments to provide housing for single persons, couples with low to moderate incomes, and relatives of families already living in the town. However, the town does not actively seek out illegal apartments, and it is up to homeowners to ensure their apartments are legitimate and comply with regulations.
| Characteristics | Values |
|---|---|
| Definition of "town" | Refers to the Town of Brookhaven |
| Definition of "building" | Includes the word "structure" |
| Definition of "lot" | Includes the word "plot" |
| Definition of "used" or "occupied" | Construed as though followed by "intended, arranged, or designed to be used or occupied" |
| Zoning | Must conform with provisions of § 85-177, Table of Dimensional Regulations |
| Accessory apartments | Allowed in A Residence, A Residence 1, A Residence 2, A Residence 5, B Residence, B Residence 1, and C Residence Districts |
| Purpose of accessory apartments | Provide housing for single persons and couples of low and moderate income, as well as relatives of families already living in Brookhaven |
| Accessory apartment licenses | Terminated upon death of undersigned, transfer of title, undersigned no longer occupying premises, or conviction for violation |
| Applicant requirements | Must meet New York State Uniform Fire Prevention and Building Code requirements and Town of Brookhaven requirements within six months of granting of permit |
| Principal structure requirements | Must comply with requirements for two-family dwellings per New York State Uniform Fire Prevention and Building Code and/or housing regulations of New York State, Suffolk County, and Town of Brookhaven |
| Application process | Must be supplied by owner(s) of property and include an acknowledged statement |
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What You'll Learn
- Accessory apartments are allowed in A Residence, A Residence 1, A Residence 2, and other districts
- Applicants must meet New York State and Town of Brookhaven requirements
- The principal structure and accessory apartment must comply with two-family dwelling regulations
- The number of occupants defines a traditional family dwelling
- The Town of Brookhaven is not actively looking for illegal apartments
Accessory apartments are allowed in A Residence, A Residence 1, A Residence 2, and other districts
In the Town of Brookhaven, accessory apartments are permitted in several residence districts, including A Residence, A Residence 1, and A Residence 2. These districts allow for the development of small rental housing units designed to meet the needs of single persons, couples with low to moderate incomes, and relatives of families already living in Brookhaven. The purpose of permitting accessory apartments is to provide affordable housing options, support existing resident families with limited incomes, and preserve property values while maintaining the community's character and quality of life.
To obtain a permit for an accessory apartment in Brookhaven, applicants must comply with specific requirements. Firstly, the application must be submitted by the property owner(s), and they are required to file an acknowledged statement with the Town of Brookhaven. The principal structure and the accessory apartment must meet all the requirements for two-family dwellings as per the New York State Uniform Fire Prevention and Building Code, as well as any applicable laws and housing regulations of the State of New York, County of Suffolk, and Town of Brookhaven.
The applicant should also be aware that a provisional accessory apartment license is subject to certain conditions. For instance, the license may terminate upon the death of the applicant, transfer of property title, or if the applicant no longer occupies the premises as their principal residence. Additionally, the applicant must ensure that the dwelling meets all relevant requirements within six months of obtaining the building and zoning permit; otherwise, the provisional license will become null and void.
It is important to note that the approval process for accessory apartments in Brookhaven includes considerations for fire safety and certificate of occupancy (CO) updates. Ensuring that the accessory apartment is accurately listed on the CO is crucial, as it can impact assessments and taxes. While the Town of Brookhaven may not actively seek out illegal apartments, renting an unauthorised space can expose homeowners to significant liability risks. Therefore, it is essential to follow the proper procedures and obtain the necessary approvals to legitimise any accessory apartments.
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Applicants must meet New York State and Town of Brookhaven requirements
To achieve these objectives, Brookhaven has established specific standards for accessory apartment usage. Applicants must ensure that their principal structure and accessory apartment comply with the New York State Uniform Fire Prevention and Building Code's requirements for two-family dwellings. This includes meeting fire safety standards, as fire safety inspections are a crucial aspect of the approval process.
Additionally, applicants must adhere to the laws and housing regulations of New York State, Suffolk County, and the Town of Brookhaven. The Town of Brookhaven defines a "lot" as a "plot," and a "building" as a "structure." Applicants must also be aware that the use of buildings, structures, lots, and lands within residential districts is subject to compliance with the provisions of § 85-177, Table of Dimensional Regulations. Any proposed structure or driveway exceeding the maximum size specified in the regulations must obtain an area variance from the Board of Zoning Appeals.
It is important to note that the Town of Brookhaven does not actively seek out illegal apartments due to resource constraints. However, renting an illegal space can expose tenants to significant liability risks. Therefore, applicants are encouraged to seek clarity and ensure their applications comply with all relevant regulations to avoid potential issues.
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The principal structure and accessory apartment must comply with two-family dwelling regulations
In the Town of Brookhaven, NY, the principal structure and accessory apartment must comply with the two-family dwelling regulations as per the New York State Uniform Fire Prevention and Building Code and/or the laws and housing regulations of the State of New York, County of Suffolk, and Town of Brookhaven. This means that the building must meet the standards for two-family dwellings in terms of fire safety and other building code requirements. The specific purpose of these regulations is to allow accessory apartments in various residence districts to provide opportunities for small rental housing units designed to meet the special housing needs of single persons, couples with low to moderate incomes, and relatives of families already living in Brookhaven.
To ensure compliance with the two-family dwelling regulations, the applicant is required to file a form stating that the dwelling and premises meet the necessary standards. This includes submitting an acknowledged statement to the Town of Brookhaven. The applicant has six months from the granting of the building and zoning permit to meet these standards; otherwise, the approval for the provisional accessory apartment license will become null and void.
It is important to note that the term "building" is inclusive of the word "structure" according to the Town of Brookhaven's definitions. Therefore, when referring to the principal structure and accessory apartment, the relevant building codes and regulations must be adhered to as they pertain to the physical structure itself.
Additionally, the Town of Brookhaven has specific provisions regarding the definition of a "traditional family." It is presumed that four or more persons living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption, or legal foster relationship do not constitute a traditional family. However, this presumption can be overcome by demonstrating that the group meets the standards enumerated in the Brookhaven Town Code, with a determination made by the Chief Building Inspector or the Zoning Board of Appeals.
To summarise, the principal structure and accessory apartment in the Town of Brookhaven must adhere to the two-family dwelling regulations by complying with the relevant building codes, submitting the necessary applications, and meeting the standards within the specified timeframe. The regulations aim to provide housing opportunities for individuals, couples, and families while preserving the character and quality of life within the community.
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The number of occupants defines a traditional family dwelling
In the Town of Brookhaven, NY, a traditional family dwelling is defined by the number of occupants. According to the Brookhaven Town Code, a group of four or more people living in a single nonprofit dwelling who are not related by blood, marriage, legal adoption, or legal foster relationship does not constitute a traditional family. However, this presumption can be challenged by demonstrating that the group meets the standards outlined in Subsection (3) of the code, which suggests that the group constitutes the functional equivalent of a traditional family. The Chief Building Inspector or the Zoning Board of Appeals is responsible for making this determination.
The Town of Brookhaven allows accessory apartments in specific residence districts, including A Residence, A Residence 1, A Residence 2, A Residence 5, B Residence, B Residence 1, and C Residence. These accessory apartments are intended to provide housing opportunities for single individuals, couples with low to moderate incomes, and relatives of families already living in the town. The goal is to promote efficient use of existing dwellings, provide economic support to low-income families, and preserve property values while maintaining the community's character and quality of life.
To obtain a provisional accessory apartment license, applicants must comply with the New York State Uniform Fire Prevention and Building Code, as well as the laws and housing regulations of the State of New York, Suffolk County, and the Town of Brookhaven. The principal structure and the accessory apartment must meet the requirements for two-family dwellings. Applications must be submitted by the property owner(s) and include an acknowledged statement. Obtaining approval for an accessory apartment can increase taxes, as the increase in living space results in a higher assessment, regardless of whether the accessory apartment is rented out.
While the Town of Brookhaven does not actively seek out illegal apartments, renting an unauthorised space can create significant liability issues. It is important for homeowners to understand the permitting process and ensure that their apartments are legitimised to avoid potential legal consequences. The town provides resources and support through its dedicated phone line and accessory apartment hearing meetings to help residents navigate these complexities and make informed decisions regarding their dwellings.
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The Town of Brookhaven is not actively looking for illegal apartments
The Town of Brookhaven, NY, permits accessory apartments in several residential districts, including A Residence, A Residence 1, A Residence 2, A Residence 5, B Residence, B Residence 1, and C Residence. These accessory apartments are intended to provide affordable housing options for single people, couples, and relatives of families already living in Brookhaven.
To legalize an accessory apartment, homeowners must comply with specific standards and regulations. They must ensure that the principal structure and the accessory apartment meet the requirements for two-family dwellings as per the New York State Uniform Fire Prevention and Building Code and other applicable laws and housing regulations.
However, obtaining approval for an accessory apartment can be a complex process. Homeowners must file an acknowledged statement and meet all relevant standards within six months of obtaining a building and zoning permit. Failure to do so will result in the approval becoming null and void. One crucial aspect is updating the Certificate of Occupancy (CO) to reflect any improvements made to the property, which can increase taxes even if the accessory apartment is not rented out.
Due to the intricacies of the process and the potential increase in taxes, many homeowners choose not to legalize their accessory apartments. Despite this, the Town of Brookhaven is not actively seeking out illegal apartments, primarily due to a lack of resources. Nevertheless, renting an illegal space can expose tenants to significant liability risks. Therefore, it is essential for prospective renters to be aware of the legal status of any apartment they consider renting in Brookhaven.
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Frequently asked questions
An apartment in the town of Brookhaven, New York, is defined as a dwelling that is rented out to individuals or couples of low and moderate income. These apartments are often accessory apartments, which are small rental housing units that are intended to meet the special housing needs of the aforementioned demographic.
A legal apartment in Brookhaven must comply with all requirements for two-family dwellings as per the New York State Uniform Fire Prevention and Building Code and/or the laws and housing regulations of the State of New York, County of Suffolk, and Town of Brookhaven. The town, however, does not actively look for illegal apartments as they do not have the resources to do so.
To rent out an apartment in Brookhaven, the owner(s) of the property must supply all applications and file an acknowledged statement with the Town of Brookhaven. The applicant must also file a form stating that the dwelling meets all New York State Uniform Fire Prevention and Building Code requirements and all Town of Brookhaven requirements.
