Legalizing living in basement apartments, detached garages in Huntington: What to know about proposed changes

The Town of Huntington is proposing changes that would legalize basement apartments and detached garages as secondary living spaces in single-family homes, measures they say will help boost affordable housing and offer economic relief for residents. 

The town board on Tuesday is expected to set a public hearing for June 13 to modify the town's current code on accessory dwelling units, or ADUs. The changes, if approved, also would require new units to include sprinklers and alert the fire marshal of existing units. The fire marshal then must share the information with first-responder units.

Joan Cergol, who is co-sponsoring the legislation with fellow town board member Dave Bennardo, said Long Island needs to work on boosting its inventory of affordable housing. Two other board members, Gene Cook and Sal Ferro, said they support the proposal.

Gov. Kathy Hochul had proposed a goal of creating 800,000 more housing units in the next decade, with a roughly 3% growth target on Long Island. She withdrew her plan after legislators wouldn't accept a state board that could have overruled local zoning officials who blocked new housing.

Cergol said Huntington's zoning law "over the last two decades has yielded thousands of affordable units" by requiring 20% of the total dwellings in approved plans to be affordable. But, she added, the "ADU code is yet another avenue to provide both affordable rentals and economic relief to homeowners." 

Greg Colonna, president of the Town of Huntington Fire Chiefs Council, said the town is taking steps in the right direction.

The council is setting up a committee "to help the town with any future building code changes," Colonna said.

Town Supervisor Ed Smyth said he would support a public hearing to gauge public opinion. 

Here's a breakdown of Huntington's proposal to legalize basements and detached garages:

What are the benefits of accessory apartments?

Living spaces in converted garages or basements can allow homeowners to generate income and remain in their homes as they age. They also add to the inventory of much-needed affordable rental units in Huntington, Cergol said. When these spaces meet town, building and fire codes, they are a safe rental alternative, she added.

Are basement apartments legal?

Basement apartments were legal in Huntington until 2019, when the town board made changes to the code banning them. The board, in January, postponed its plan to set a public hearing to legalize such units to address safety concerns such as setting procedures to alert first responders to basement apartment locations. 

What is the town proposing for basements, detached garages?

The resolution, if passed, will include these three components, according to Cergol:

• Allow basements to be adapted as ADUs if town and state building and fire codes are met.
• Require new basement units to include sprinklers. It also would require the fire marshal to be notified of ADU locations.
• Allow accessory structures, such as detached garages, to be adapted for ADU use. The code will continue to allow one ADU per property.

How many accessory dwellings are in the town?

There are approximately 2,200 accessory dwelling units in the town, town officials said. The Town’s Accessory Dwelling Unit Bureau said roughly 8% to 10% of those are basement apartments. Basement apartments that were approved before the 2019 ban are grandfathered into the town code, Cergol said.

Will the town offer amnesty for illegal accessory units?

A companion town board resolution will offer a one-year amnesty program waiving certain fees and reducing penalties from $1,000 to $350. The program will begin when the amendments to the code are adopted and will remain in effect for one year, Cergol said.

Is funding available to help homeowners come into compliance?

The town's Community Development Agency has received $2 million in funds from the state's Plus One ADU Program, designed to create and improve accessory dwelling units for New York households at or below 100% of the HUD Area Median Income. The Long Island Housing Partnership in Hauppauge, which works to find and facilitate affordable housing opportunities, will administer the state ADU program with the town’s CDA. Eligible Huntington residents seeking to create a new accessory unit can use the funds to cover costs, including adding egress windows or sprinklers to the units, Cergol said.

What will it cost to convert to a legal unit?

This is determined on a case-by-case basis.

How much money will legalizing generate for the town?

It is difficult to predict the revenue stream from basement apartments and newly created accessory structure apartments, Cergol said.

If Huntington passes the resolution to allow basement apartments, the town’s Accessory Dwelling Unit Bureau said it expects approximately 20 applications for a basement apartment. At $350 per application fee, anticipated revenue is $7,000, plus certificate of occupancy fees required by the building department.

Is there a need for accessory apartments?

Hunter Gross, president of the Huntington Township Housing Coalition, which advocates for affordable housing across the town, said affordable housing needs are at a crisis stage. The town’s plan is a good start to addressing these needs, Gross said. 

“When our township and municipalities on Long Island aren’t building enough multifamily housing units, this is a great potential option,” he said. “It’s a no-brainer for Huntington to reintroduce basement apartments.”

What are the next steps?

If a public hearing is approved for June 13, the town has 90 days from the hearing to enact updates.