Overview: Are Short-Term Rentals Allowed in Islip, New York?

No, short-term rentals are explicitly banned in the Town of Islip.

According to a 2015 news report from News 12 Long Island, the Islip Town Board unanimously voted to make it illegal for homeowners to offer short-term rentals on their properties. The ordinance bans rentals for less than 14 nights. There is an important exception: properties on Fire Island are excluded from this ban.

Therefore, while operating a traditional STR (e.g., renting out your home on Airbnb for less than 14 nights) is illegal on the mainland part of Islip, it may be permitted on Fire Island, which is a barrier island within the town's jurisdiction but governed separately for many purposes.

How to Start a Short-Term Rental Business in this Market

For the mainland part of Islip, the short and direct answer is: You cannot legally start a traditional STR business.

• The Ban: The town code prohibits renting a property for fewer than 14 nights. Any advertisement for, or operation of, such a rental would be illegal.
• The Exception (Fire Island): If your property is on Fire Island, you must comply with the specific regulations of the Fire Island community (e.g., Fire Island Pines, Ocean Beach, etc.) as these are separate municipal entities for many zoning and rental matters.
• Alternative: Long-Term Rental or ADU: An investor's only viable options for generating rental income on the mainland are:
  1. Long-Term Rentals: Renting the property for periods of 14 nights or more, which is compliant with town code.
  2. Accessory Dwelling Unit (ADU): The town has a program (administered by the Long Island Housing Partnership) to help homeowners create legal ADUs. However, a critical program requirement is that the ADU must be occupied by a permanent tenant; short-term rentals, including vacation and seasonal rentals, are not permitted.

Required Documents, Permits, Licenses, and Guidelines

For a Traditional STR (Not Permitted on Mainland):

• Status: Not allowed on the mainland of Islip. Therefore, no legal path exists to obtain a permit or license for this purpose.
• Consultation: For definitive confirmation and to explore any possible variance or unique exceptions, contact the Islip Town Attorney's office (see Contact Information section).

For an Accessory Dwelling Unit (ADU):

If you are a homeowner interested in creating an ADU (which must be used for long-term tenancy), the Plus One Accessory Apartment Program provides significant financial assistance. The required documentation is extensive and must be submitted to the Long Island Housing Partnership (LIHP).

Key Eligibility & Requirements (from the 2024 Program Guidelines):

• Applicant: Must be the owner and primary resident of the property for at least one year, current on all mortgage and tax payments, and have household income at or below 100% of the Area Median Income (AMI) for Nassau/Suffolk Counties.
• Property: Must be a pre-existing single-family residence. It must comply with all municipal zoning codes (lot size, ADU size, design requirements) and health department requirements.
• Compliance: The owner must obtain all necessary building permits and certificates of occupancy through the Town of Islip's standard process. Municipal code takes precedence over program guidelines.
• Covenant: The property is subject to a 10-year restrictive covenant. During this period:
  • The ADU must be occupied by a permanent tenant year-round.
  • Short-term rentals are explicitly prohibited.
  • The owner must occupy the primary residence.

Specific Regulations for Short-Term Rentals

• Town of Islip (Mainland): BANNED for rentals fewer than 14 nights.
• Fire Island (within Town of Islip jurisdiction): Excluded from the ban. Properties here are subject to the regulations of the specific Fire Island village or community.
• Accessory Dwelling Units (ADUs): STRs are prohibited by the covenant governing the ADU grant program. ADUs must be used for permanent tenancy only.

Contact Information

For Questions about Short-Term Rentals (STRs) and the Town Ban:

• Town of Islip Town Attorney's Office
  • Phone: (631) 224-5580
  • Website: islipny.gov (for general information and department contacts)
  • Address: Islip Town Hall, 655 Main Street, Islip, NY 11751

For Questions about the Plus One Accessory Dwelling Unit (ADU) Program:

• Long Island Housing Partnership (LIHP) - Program Administrator
  • Phone: (631) 435-4710
  • Email: info@lihp.org
  • Website: https://www.lihp.org/adu.html
  • Address: 111 Smithtown Bypass, Suite 100, Hauppauge, NY 11788

Source Links

1. News 12 Long Island - Town of Islip Bans Short-Term Home Rentals (Dec 16, 2015). This article is the primary source for the ban on the mainland and the Fire Island exception.
   • https://longisland.news12.com/town-of-islip-bans-short-term-home-rentals-34741695
2. Long Island Housing Partnership - Plus One Accessory Apartment Program Guidelines (2024). This document details the ADU program, including its restrictions against short-term rentals.
   • https://www.lihp.org/Content/ADU_Guidelines_Islip_2024.pdf