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Building - Accessory Apartment

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1. What defines an Apartment?

A separate living area with a kitchen within the house.

2. Does a house with an apartment have to be owner-occupied?

Yes, the owner may live in either the main house or the apartment.

3. What if there is more than one owner of the property?

Those owners living in the home must own no less than 50%.

4. What size can the apartment be?

The size is in proportion to the house with square footages and percentage of the entire home as follows:

•         300 to 650 sq. ft. - may not be greater than 40% of the home
•         651 to 750 sq. ft - may not be greater than 35%, with Review Board discretion
•         751 to 850 sq. ft - may not be greater than 30%, with Review Board discretion

5. How many bedrooms may the apartment have?

An Accessory Apartment may have no more than one bedroom.

6. How long is the Apartment License valid for?

The firs Provisional Accessory Apartment License is valid for three years.  Renewals of this license are valid for five years.  The Review Board may grant a License for less than above specified time as provided in Town Code Chapter 85-258.

7. Is the Apartment required to have its own entrance?

The apartment is required to have its own entrance although it may be from a common foyer.

8. Can I represent myself before the Accessory Apartment Review Board?

Yes, an owner may represent himself or appear with an agent or representative.

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General Services - Impounds

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1. How long can my vehicle be on the street with no plates?

The law states, “an abandoned vehicle may not be left on the roadway for more than six hours”.

2. Can the Town remove a vehicle from my property?

If the vehicle owner cannot get a junk or salvage company to respond to a request for disposal of an unwanted vehicle, the Town will remove the vehicle for a fee.

3. What happens to a vehicle after the Town takes possession?

The Town notifies owners and lienholders of the impound. The Town may then take possession of the vehicle ten days after notification. Unclaimed vehicles are then sent to a licensed dismantler or sold at auction. See the Town website for upcoming auctions.

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Housing and Human Services - Housing Choice Voucher Program

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1. What is the Housing Choice Voucher Program?

The Housing Choice Voucher (HCV) Program, commonly known as Section 8, is a federal program designed to provide rental assistance to low-income families, the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. Through the HCV Program, the Town of Brookhaven Housing and Community Development pays a portion of eligible families’ rent each month directly to the Property Owner/Manager/Landlord.

2. How Can I Apply?

The Town of Brookhaven’s Housing Choice Voucher Program waitlist is currently closed and applications are not available. The last waitlist opening yielded over 7,000 applications and it is not anticipated that the Town of Brookhaven will open a new waitlist for the foreseeable future.

3. What are the eligibility requirements for the Town of Brookhaven’s Housing Choice Voucher Program?

To be eligible to receive a voucher, you must meet the following requirements at the time you are selected from the Waitlist:

• You must be 18 years of age or older, or an emancipated minor according to NYS law.
• Your household income must meet income guidelines set by the U.S. Department of Housing and Urban Development (HUD) for Town of Brookhaven. Maximum income guidelines may not exceed the low-income limit as determined by HUD annually.
• When selected from the Waitlist, you will be required to provide additional information to verify the data you supplied when applying. The Department of Housing will verify your data and, in most cases, will require documentation to demonstrate that you are eligible.

4. How many applications were submitted?

The Town of Brookhaven Housing Choice Voucher Program waitlist was open to new applicants from March 8, 2021 to March 12, 2021. Over 7,000 applications were received at that time. The Housing Authority will determine the eligibility of each applicant as they are selected off the waitlist. Applicants living or working in the Town of Brookhaven will receive preference.

5. When will you determine if I’m eligible?

Eligibility is verified and determined at the time you are selected off the waitlist.

6. Should I tell you if my contact information changes?

Changes in address, telephone number, and email address should be reported as soon as possible using the online platform at www.Assistancecheck.com. You can login with the username and password created at the time of your preliminary application. If you cannot access www.Assistancecheck.com, contact information changes must be submitted in writing to Town of Brookhaven Housing and Community Development, 1 Independence Hill, Farmingville, NY 11738 or faxed to 631-451-6597.

7. How do I check the status of my application?

Status information is available by logging in to www.AssistanceCheck.com using the same username and password created to submit your original preliminary application. Changes in address, telephone number, and email address can also be submitted on this platform.

8. How will I hear from the Housing Authority about my application?

Town of Brookhaven Housing Choice Voucher Program staff will be reaching out to candidates selected from the waitlist via mail through the United States Postal Service. It is important to keep your address up to date so that this important letter will reach you.

9. When will I hear from the Housing Authority about my application?

Due to the overwhelming response of applications during our waitlist opening, it is not possible to provide each applicant with an individualized wait time. You will be contacted via mail through the United State Postal Service when you have been selected from the waiting list to determine your eligibility. It is important to keep all of your address up to date with the Town of Brookhaven Housing Choice Voucher Program using the online platform www.AssistanceCheck.com by logging in with the username and password you created to submit your original preliminary application.

10. What happens next?

Town of Brookhaven Housing Choice Voucher Program staff will be reaching out to each candidate selected from the waitlist via mail through the United State Postal Service. It is important to keep your address up to date so that this important letter will reach you.

11. Am I on your current waiting list?

The Town of Brookhaven Housing Choice Voucher Program waitlist was open to new applicants from March 8, 2021 to March 12, 2021. Over 7,000 applications were received at that time. If you were one of these applicants, you can check your status by logging into  www.AssistanceCheck.com with the username and password you created to submit your original preliminary application. Here you can also submit changes to your address, telephone number, and email address.

12. What changes do I need to report to the Housing Authority?

Only changes of address, telephone number, and email address should be reported while you are on the waitlist. Should you begin working or be hired to work in the Town of Brookhaven and reside outside of the Town of Brookhaven, please report this change in writing to the Housing Choice Voucher Program. All other information will be verified and updated when you are selected off of the waitlist.

13. What is the wait time for applicants?

Due to the overwhelming response of applications during our waitlist opening, it is not possible to provide each applicant with an individualized wait time. You will be contacted via mail through the United States Postal Service when you have been selected from the waiting list to determine your eligibility. It is important to keep all of your address, telephone number, and email address up to date with the Town of Brookhaven Housing Choice Voucher Program using the online platform www.AssistanceCheck.com by logging in with the username and password you created to submit your original preliminary application.

14. I’m active on the Waitlist. Do I look for housing now?

Your eligibility for the Housing Choice Voucher Program will be determined when your application is selected off the waiting list. Not all applicants on the list are necessarily eligible to receive a voucher. Eligibility is determined by income, immigration status, local preferences, background checks and other factors. When an applicant is determined eligible for the Housing Choice Voucher Program, the Housing Authority will guide the applicant in how to begin looking for housing using their Housing Choice Voucher.

15. What if I need help right away?

The Housing Choice Voucher Program is not an emergency program and cannot be utilized for immediate assistance. It is suggested that you contact your local Department of Social Services if you are in need of emergency housing assistance.

16. Should I report my new job to the Housing Authority?

Only changes in address, telephone number, and email address should be reported while you are on the waitlist. Should you begin working or be hired to work in the Town of Brookhaven and live outside of the Town of Brookhaven, please report this change in writing to the Housing Choice Voucher Program.

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Planning - Building Division

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1. How long is a building permit valid?

A building permit is valid for one year from the date it was issued. A demolition permit is valid for 90 days from the date it was issued.

2. When do I get my certificate of occupancy?

Upon completion of your final inspection, the Building Division will mail a list of the requirements for a certificate of occupancy. To complete the process, you may be required to get a lead solder test, new survey, and/or an electrical inspection, as well as approvals from various agencies depending on your particular project.

3. Why and when do I need a building permit?

It’s the law! The Town of Brookhaven Building Division is responsible for the administration and enforcement of the New York State Uniform Fire Prevention and Building Code and Brookhaven Town Code Section 16-3. A building permit is required for new homes, additions, alterations, manufactured homes, and accessory structures. Accessory structures most commonly include:

• Decks and porches (PDF)
• Detached garages
• Gazebos
• Sheds (PDF)
• Swimming pools

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Public Safety - Fire Prevention

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1. May I use a chimenea or other wood burning recreational device?

An outdoor fire, burning materials other than rubbish for the purposes of; pleasure, religious, ceremonial, cooking, warmth or similar purposes. Recreational fires are permissible within the Town of Brookhaven without prior approval.

2. May I dispose of debris, yard clippings, or other combustible garbage by burning it?

The burning of debris for the purpose of ridding a property of rubbish, garbage and excess landscaping debris, including leaves, branches, grass and the like. Open Burning is prohibited within the Town of Brookhaven without written approvals from the Division of Fire Prevention and the local Board of Fire Commissioners.

If approvals are granted, there are restrictions as to the location a fire is conducted and distances from structures and adjacent properties.

3. Can I use sky lanterns?

No. Sky lanterns also known as Kongming lanterns, Chinese lanterns, fire balloons, or fire parachutes shall not be released into the air.

4. What type of fire extinguishers and how many are recommended for the home?

For the home, select a multi-purpose extinguisher (Class ABC) that is large enough to put out a small fire, but not so heavy as to be difficult to handle. Typically, a 2.5-pound fire extinguisher sold at your local home improvement store will be a suitable size. At least one extinguisher should be placed on every level of your home. It is recommended to have additional extinguishers in extra hazard areas such as:

• Garages
• Kitchens
• Laundry rooms
• Workshops
  
  

Install fire extinguishers close to an exit and keep your back to a clear exit when you use the device so you can make an easy escape if the fire cannot be controlled. If the room fills with smoke, leave immediately.

5. How many smoke and carbon monoxide alarms should I have in my single-family home, and where should they be placed?

Smoke alarms should be placed in the immediate vicinity of bedrooms (i.e. hallways), in each room used for sleeping, and in each story within the home including the basement. Carbon monoxide alarms should be placed on each story containing a sleeping area and, be within 15 feet of that area.

Carbon monoxide alarms should also be installed on each story that contains a carbon monoxide source.

6. How do I dispose of old propane tanks for my barbecue?

Some amounts of propane are always left inside your tank making disposal through normal garbage collection dangerous. Any propane filling station will take old cylinders.

7. Do we close for lunch?

No, we do not close for lunch.

8. How long are permits valid for?

All operating, installation, and construction permits are valid for 1 year.

9. Is a permit required to alter my commercial building?

Yes, all alterations require a permit from the Division of Fire Prevention.

10. What do I need to apply for my permit?

The required information varies by the permit you are applying for, view the requirements for each permit (PDF).

11. What is the cost it to apply for permit?

The cost varies based on the type of permit your looking to apply for, view our current fee schedule (PDF).

12. When is the last permit application accepted on a daily basis?

No permits will be accepted by the Division after 4 p.m. daily.

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Receiver of Taxes

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1. What period does the tax year cover?

The period your tax bill covers is a fiscal year that begins on December 1 and ends on November 30 of the following year.

2. When are tax bills mailed / posted to the website?

The Town Receiver of Taxes mails tax bills and posts them online by the second week of December. You should receive a bill no later than December 15th of each year. If you do not receive your bill by that date, you should contact the Tax Office at 631-451-9009.

3. Who gets a tax bill?

The property owner will receive a bill each year in December. If the property owner pays the taxes directly, the bill is a payment copy sent with payment instructions and a return envelope. If the property owner has an escrow account with a mortgage company, the owner receives an “Informational Only” copy of the bill, and the mortgage company receives the payment information directly. Senior citizens or disabled persons may designate a third party to receive copies of their bills. Contact the tax office for a third party notification form.

4. Does my mortgage company know about my star or other exemptions?

Yes. Your mortgage company receives information regarding the payment due. All exemptions are reflected in the amount provided to the mortgage company.

5. When are taxes due?

Taxes are payable to the Receiver of Taxes from December 1 to May 31. Taxes may be paid in two installments. The first half is due by January 10. The second half is due by May 31.

6. What happens if I pay my taxes late?

After January 10, there is a 1% per month interest charge added to the unpaid first half tax amount until May 31.

Late Payments	Interest Charges
January 11 to February 10	1%
February 11 to March 10	2%
March 11 to April 10	3%
April 11 to May 10	4%
May 11 to May 31	5%

After May 31, taxes become delinquent and are payable to the Suffolk County Comptroller's Office. In addition to the tax amount due, a 5% penalty is added together with interest at the rate of 1% per month calculated from February 1. (Note: Interest is calculated on the total of tax and penalty).

7. I did not receive my tax bill. Must I pay penalties and interest?

Yes. It is the responsibility of the taxpayer to pay taxes on property they own. Even though the owner does not receive a tax bill, it is the owner’s obligation to secure a tax bill and make payment. The taxpayer, therefore, is liable for all penalties and interest on late payments.

8. To whom do I make the payment and where is it mailed?

Payments made between December and May are paid to Louis J. Marcoccia, Receiver of Taxes and mailed to:
Louis J. Marcoccia, Receiver of Taxes
1 Independence Hill
Farmingville, NY 11738

Payments made after May 31st are paid to Suffolk County Comptroller's Office and mailed to:
Suffolk County Comptroller's Office
330 Center Drive
Riverhead, NY 11901

9. Are postmarks accepted or must my payment reach the office by the due date?

Tax payments sent by the U.S. mail are credited by the date postmarked on the envelope. A postage-metered postmark is not acceptable. It is suggested that a taxpayer making a tax payment by mail close to a deadline date should take the mail to the Post Office and have it hand cancelled, or send it certified or registered mail.

10. May I pay my taxes in person?

Yes. The Tax Office in Town Hall is open Monday through Friday (9 a.m. to 4:30 p.m.) except legal holidays.

11. What if I can't pay the total amount due?

Partial payments of $200 or more plus any interest and penalties are accepted both by the Town Receiver of Taxes and the Suffolk County Comptroller's Office. Additional interest and penalties are only charged against the remaining unpaid balance.

12. May I pay my taxes online?

Yes, however please note, partial payments can not be accepted online. Pay your taxes online. Each visitor will register and be given access to 2 parcels. 

If you own more than 2 two parcels, select support and with proper authentication. You can request access to your additional properties. You will only need to register once.

Methods of payment include:

• All Major Credit Cards: with a convenience fee of 2.35% on the amount that is being charged (not collected by the Town of Brookhaven).
• E-Check; with a convenience fee of $1.75 (not collected by the Town of Brookhaven).

13. My check was returned unpaid ("bounced"). Will the tax receiver re-deposit my check?

No. Any check, credit card payment or e-check returned unpaid will not be re-deposited. The tax payment will be cancelled and a $20 returned check charge will be added to the payment in addition to any appropriate penalty or interest charge.

14. I have moved - who do I contact to change my address?

If you still own the property notify the Receiver of Taxes. Do not rely on the post office to forward mail indefinitely. Inform the Receiver of Taxes if you wish to have tax bills mailed to an address other than the property location. If you have sold the property and still receive a tax bill, contact the Receiver of Taxes with the name of the new owner.

15. I just purchased property in the Town of Brookhaven. Do I need to contact anyone regarding real property taxes?

Since it is the owner’s responsibility to pay taxes on property they own, it is recommended that you immediately notify the Receiver of Taxes to obtain a current bill to ascertain the amount of the tax payment and when the payment is due.

16. I have paid-off my mortgage and taxes had been escrowed by my mortgage company. Who do I notify regarding my real property tax bill?

You should contact the Receiver of Taxes to request that future bills be sent directly to you. Make sure the Receiver has your correct mailing address and advises you when the next payment is due.

17. Will the Town take my property if I do not pay my taxes?

The Town is not involved in the delinquency process. If taxes remain unpaid by the date of the tax lien sale (usually in December of the current year), the Suffolk County Comptroller's Office will sell a tax lien to the County of Suffolk.

18. Where do I mail my delinquent tax payment?

After May 31, you must make your check payable to the Suffolk County Comptroller's Office and mail with property information to:
Suffolk County Treasurer
330 Center Drive
Riverhead, NY 11901

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Recycling

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1. How do I get a new recycling pail?

CURBY recycling cans can be purchased for $20 at the Town Clerk’s office in Town Hall, at the Landfill, and at the Manorville Compost Facility.

2. How do I get a recycling sticker for my pail?

Residents can request a free Recycle Brookhaven sticker to identify their recycling can by submitting an online request or calling 631-451-8696.

3. How do I get a new recycling/yard waste calendar?

Residents can request a new calendar by submitting an online request, calling 631-451-8696 or view the schedule (PDF).

4. Can I recycle styrofoam?

Unfortunately, the Town of Brookhaven’s Materials Recovery Facility (MRF) does not recycle expanded polystyrene (Styrofoam) in any of its forms (packing peanuts, Styrofoam shipping coolers, etc.). You can put Styrofoam in your normal curbside garbage for pick up.

5. Can I recycle plastic bags at the Town?

The Town does not accept bags of any kind (zip top, shopping bags, garbage bags, etc.) because they cause damage to the equipment at the Material’s Recovery Facility (MRF).

6. Why does the lid need to be off recycling pail when not using a CURBY Can?

If pails are not designated as “recycling,” the lid must be left off the pail so the carter can easily identify the contents.

7. When are the shredding events?

View our special recycling events schedule (PDF).

8. How do I get a free paper recycling bin?

Visit our online form to request a free paper recycling bin and pick one of our convenient pickup locations (while supplies last).

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Town Clerk - Dog Licenses

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1. Do I need to license my dog?

Yes, it is New York State law that every dog over the age of 4 months old needs to be licensed. The license must be renewed annually. View a copy of the Dog License Application (PDF).

2. How do I license my dog?

Complete the dog license application. Submit the application along with a current rabies vaccination certificate and fee by mail. If the dog is spayed/neutered, attach proof from your veterinarian. Proof of spay/neuter does not need to be submitted for dog license renewals.

3. I received a renewal card in the mail. What do I need to return?

Make any necessary corrections on the renewal card. Return both parts of the renewal card, the appropriate fee and rabies certificate (if needed). If your dog was spayed/neutered since the last licensing period, include proof from your veterinarian.

4. Do I need to submit a rabies certificate to renew my dog’s license?

If the rabies vaccination certificate currently on file with the Town Clerk’s office does not expire for at least 30 days after the renewal issuance, you do not need to submit an additional certificate. If the previously submitted certificate expired or will expire within 30 days of renewal, you must submit a current certificate.

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Town Clerk - Marina Boat Slips

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1. How do I apply for a mooring permit?

Mooring permits for the Mount Sinai Harbor are issued by the Brookhaven Town Parks and Recreation Department. For more information please visit the Parks and Recreation Department mooring page or call 631-451-6133. Mooring Permits for the Port Jefferson Harbor are issued by the Brookhaven Town Division of Harbors and Waterways. For more information, visit their page or contact the Division of Harbors and Waterways at 631-473-3052.

2. How do I apply to lease a seasonal boat slip from a Brookhaven Town Marina?

The Brookhaven Town Clerk’s office processes the seasonal slip leases for the Corey Creek, Forge River, Mount Sinai, Port Jefferson, and Sandspit Marinas. Anyone interested in leasing a slip should apply to be placed on the Marina Waiting list.

3. How do I apply for a Mastic Beach Stick Dock permit?

Stick Dock permits are issued by the Environmental Protection Division of the Brookhaven Town Planning Department. Please call 631-451-6455 for more information.

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Town Clerk - Marriage Licenses

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1. Who needs to be present to apply for a marriage license?

Both individuals getting married must be present to apply for a marriage license. A representative cannot apply for the license on behalf of the couple. This applies even if the representative has been given Power of Attorney. Notarized marriage license affidavits signed by the individuals getting married cannot be substituted for their personal appearance.

2. Do you need an appointment to apply for a marriage license?

No, an appointment is not required to apply for a marriage license. You must complete the marriage license application online. Please note, you must arrive no later than 4:00 pm to receive same day service to obtain a marriage license.

3. Is there a waiting period once I apply for a marriage license?

If the applicants are both present with all the required documents, a marriage license will be issued immediately. Although the marriage license is issued, the marriage ceremony may not take place within 24 hours from the exact time that the license was issued.

4. Where do I obtain a copy of my divorce record?

In New York State, divorce records are maintained by the County Clerk in the county where the divorce action was heard. You can reach the Suffolk County Clerk’s office at 631-852-2000.

5. Will you accept a Puerto Rican birth certificates issued prior to July 1, 2010 for use in issuing a marriage license?

No. As of November 1, 2010, the Puerto Rican Government invalidated all Puerto Rican birth certificates issued before July 1, 2010.

The government of Puerto Rico enacted a new law (Law 191 of 2009, amended June 2010) to strengthen the issuance and usage of birth certificates, to combat fraud and to protect the identity and credit of all people born in Puerto Rico.

Puerto Rican-born citizens living stateside can apply for a certificate online or by mail. Please visit the Puerto Rico website for more information on applying for a Puerto Rico-issued birth certificate.

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Town Clerk - Notice of Claim

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1. How do I file a Notice of Claim?

You must submit a notarized letter stating a description of the incident including where, when and how the incident occurred. You must also include your complete contact information (name, address and telephone number). Along with your letter, submit two estimates for repair, or if the repair has been completed, a copy of the repair bill. Photographs and police reports can be included but are not required. This documentation must be filed with the Town Clerk's office within ninety (90) days of the date of incident.

You may submit a Notice of Claim in person at the Town Clerk's office or by mail. If submitting by mail, please send to the following address:
Town of Brookhaven
Attention: Town Clerk
One Independence Hill
Farmingville, NY 11738

2. What is the status of my claim?

Please contact the Brookhaven Town Law Department at 631-451-6500 for information on your claim.

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Town Clerk - Parking Permit for Persons with Disabilities

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1. What do I need to submit with the application?

You need to submit a copy of your valid Driver License or Non-Driver ID. If your driver license or NDID does not list your current physical address, a utility bill, bank statement or credit card statement that includes your name and current physical address dated within the last six months must also be submitted with your application. If you are renewing a permit, you must also return the expiring permit.

2. Can I renew my parking permit by mail?

Yes. Please submit all required documents along with your application to ensure prompt processing. Please note, you must also return the expiring permit.

3. Can my child obtain a Parking Permit for Persons with Disabilities?

Yes, permits can be issued to people of any age, including children, who don’t drive or own a vehicle. Parents or guardians may apply on behalf of a severely disabled child. The permit will be issued to the named person with disabilities to use when that person drives or is a passenger in a vehicle.

Please note, if the child is 18 years of age or older and is unable to sign the application, Guardianship papers or Power of Attorney must be provided.

4. How long will it take to process my application?

Applications are processed within five to seven business days of receipt.

5. How long is the permit valid?

Parking permits issued to individuals with a permanent disability are valid for five years. Temporary Parking Permits are valid for a maximum of six months.

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Town Clerk - Vital Records

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1. How do I correct errors on a birth or death certificate?

The correction process differs depending on what information needs to be changed. Please contact the Town Clerk’s office at 631-451-9101 for more information.

2. How do I obtain a copy of a birth certificate?

View details on how to obtain a birth certificate.

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Trash Collections

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1. How do I dispose of...?

Please see the department’s Throwing It Out Guide (PDF) for all your disposal needs.

2. What are my garbage days?

Please use our interactive map and enter your address in the search bar to find your garbage days. You may also choose to find your garbage pickup days using our lookup form.

3. Why didn't they take my garbage?

Residents are required to place their garbage out either the night before or before 6:00 am on their scheduled day.

• Residents are required to use a 32-gallon pail
• The pail can't be heavier than 50 pounds
• The pail should not have attached lids or bungee cords

For more information please check the department’s throwing it out guide (PDF), contact us online or call 631-451-8696.

4. Why can't the carter come back if they missed my garbage?

Carters must continue collecting their routes to ensure finishing before the Town’s landfill closes. A complaint can be filed by contacting us online or calling 631-451-8696 and the carting company servicing your area will be alerted.

5. When a waste day is missed due to holiday or cancellation, why don't we pick up the next day?

The Town is split for garbage days (find your garbage pickup days); Monday / Thursday or Tuesday / Friday and every Wednesday is for recycling. When there is a holiday, the carter must keep the schedule servicing other areas.

6. Why doesn't the carter "just take 4 items off the pile" of bulk items?

Residents are allowed to put out no more than 4 bulk items on Thursdays or Fridays depending on where you live (second garbage collection day of the week). If there are more than 4 bulk items out, you may be in violation of the Town’s anti-litter ordinance and may be subject to a fine. It is against Town code to store litter on your property or at the curb.

7. What happens if something is dumped on my property?

Each resident is responsible to maintain their property and curb area. If something is dumped in front of or on your property, you are required to dispose of it yourself.

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Yard Waste

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1. Can we use plastic bags for yard waste?

Yes, residents may use either plastic or paper bags:

• No heavier than 50 pounds
• No more than 50-yard waste items each collection week
• No grass clippings allowed

2. When is yard waste pickup?

Please see the highlighted weeks on the recycling / yard waste calendar (PDF).