Want to offset your mortgage in Irvington without risking fines or surprise fees? You have several legal paths to earn rental income in the village, but each comes with specific permits, limits, and taxes. With the right plan, you can add value for your household and stay fully compliant. This guide breaks down what is allowed, how to apply, and what to watch for so you can move forward with confidence. Let’s dive in.
Legal options in Irvington
Accessory apartments and ADUs
Accessory apartments are permitted in Irvington with a Special Permit. You must occupy either the main home or the accessory unit, and the accessory apartment is limited to two bedrooms and must be a separate, code-compliant space. Start with the village overview of requirements and the application process on the Accessory Apartments page and confirm details with the Building Department. Irvington also participates in New York State’s Plus One ADU program, which can offer financial and technical assistance if you want to build or legalize an ADU.
- Read the village rules and process: Accessory Apartments
- Explore assistance: ADU Plus One program
- Get forms and checklists: Building Department forms
In-law apartments
In-law apartments are intended for a family member or caregiver only. They must be inside the principal dwelling with unobstructed passage to the main home, and the exterior should keep a single-family appearance. Either the owner or the lessee must use one of the units as a principal residence. Review the village summary before you plan a project.
- Learn what is allowed: In-law apartments overview
Renting rooms to boarders
Irvington identifies “boarders” as a permissible way to generate income from your home. The number of boarders, lease terms, and safety requirements depend on the property and applicable code sections. Before you advertise a room, confirm limits with the Building Department and make sure the space meets code.
- Village guidance: Generating Rental Income
Short-term rentals
Short-term rentals are allowed in Irvington, but they are tightly regulated. You must apply before you host and comply with several operating limits. Plan your calendar and listing strategy with these rules in mind:
Maximum hosting: up to 180 days per year.
Owner presence: at least 90 of those days require you to be in residence while rooms are rented.
Cap on registrations: a village-wide maximum of 50 STR registrations at any one time.
No STR if you also have an accessory apartment on the same lot.
Parties and events are prohibited, and you must post on-site information for guests about village rules.
Read the regulations: Irvington STR rules
Get the application checklist: Building Department forms
Understand the hotel tax: Village Hotel Tax
Renting a driveway or garage space
Some owners consider renting parking spaces for added income. This can be sensitive in residential areas, so review local parking rules and any HOA or lease restrictions before you proceed, and confirm with the Village whether approvals are needed.
Permits, inspections, and code
Whether you are adding an accessory apartment, creating an in-law suite, renting rooms, or operating an STR, your space must meet New York State Uniform Fire Prevention and Building Code standards. Expect plan review, inspections, and safety requirements like proper egress and smoke and CO detectors. Start your permit plan with the Building Department’s forms and speak with staff about your property’s zoning and approvals.
- Code reference: NYS Uniform Code compliance
- Forms and checklists: Irvington Building Department
Taxes and reporting
Village hotel tax for STRs
If your short-term rental is approved, you must collect and remit Irvington’s hotel tax, currently 3% of net taxable room rentals. Returns are filed on a quarterly schedule with the Village Clerk/Treasurer.
- Details and filing: Irvington Hotel Tax
County and state taxes on short stays
Westchester County imposes a room occupancy tax that can apply to STR activity. New York State also requires sales tax on short-term occupancies unless a specific exemption applies. If you host, plan for county and state tax compliance in addition to the village hotel tax.
- County information: Westchester Room Occupancy Tax
- State guidance: NYS sales tax on hotel and short-term occupancy
Income taxes and possible assessment changes
Rental income is reportable on federal and state returns. Typical landlord deductions can include operating expenses, depreciation, and mortgage interest. Adding an ADU or finishing new livable space can increase assessed value and property taxes, so include that in your financial modeling and speak with a tax professional.
Insurance and landlord-tenant basics
Notify your insurance carrier before you rent long-term or short-term. Many homeowner policies exclude rental activity, so you may need a landlord or dwelling policy and added liability coverage. For long-term rentals, follow New York State rules for security deposits, late fees, notices, and habitability standards. The Attorney General’s tenant resource is a helpful starting point.
- Tenant protections and basics: New York State AG tenant resource
A simple planning checklist
- Define your strategy: ADU, in-law suite, room rental, or STR.
- Speak with the Irvington Building Department about zoning, approvals, and the right application checklist.
- For construction, prepare plans that show separation, egress, utilities, and parking, and schedule inspections.
- For STRs, confirm the 50-registration cap, map your 180-day limit, plan owner-present days, and register before listing.
- Update insurance and set up tax collection and filings for village, county, and state where required.
- Build a simple income and expense model that includes permit fees, insurance, maintenance, potential assessment changes, and taxes.
Adding rental income in Irvington is possible when you follow village rules, plan for taxes, and keep safety first. If you want a second set of eyes on your plan or you are weighing how an ADU or rental strategy might affect resale value, reach out. You will get local, practical guidance tailored to your goals from Elka Raved.
FAQs
What is legally required to create an accessory apartment in Irvington?
- You need a Special Permit, owner occupancy of either the main home or the accessory unit, a maximum of two bedrooms for the accessory apartment, and full compliance with building and fire codes. Start with the village’s Accessory Apartments page and Building Department forms.
Can I run a short-term rental all year in Irvington?
- No. STR use is capped at 180 days per year, at least 90 of those days require you to be in residence while hosting, the village limits registrations to 50 at any time, and you must register before listing.
Are in-law apartments allowed for non-family tenants?
- No. In-law apartments are intended for a family member or caregiver only and must be inside the principal dwelling with single-family appearance maintained.
Do I need to collect taxes for short-term rentals in Irvington?
- Yes. Approved STRs must collect Irvington’s 3 percent hotel tax and may also be subject to Westchester’s room occupancy tax and New York State sales tax on short-term stays.
What insurance should I have before renting space in my home?
- Notify your insurer and obtain appropriate landlord or short-term rental coverage with adequate liability protection, since standard homeowner policies often exclude rental activity.
