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Stephanie Calinoff at Signature Premier Properties

Guides and notes Smithtown

Downsizing in Smithtown: Condos, Accessory Apartments, STAR and Clearing Out

October 21, 2026, updated · Stephanie Calinoff, Licensed Associate Real Estate Broker

Downsizing in Smithtown usually takes one of three shapes: a smaller house, a condo or co-op, or the same house used differently. Each path has its own rules. Here is how they fit for Smithtown homes.

TL;DR

  • A STAR exemption does not transfer to a newly purchased home; the next home gets a STAR credit after registering with the NYS Tax Department.
  • The Tax Department uses the owner on July 1 to decide STAR eligibility for that year.
  • Condo and co-op sales by a sponsor run on an offering plan; resales by individual owners are not regulated by the Attorney General.
  • A legal accessory apartment in the Town of Smithtown carries a Building Department permit renewed every three years.
  • The Town's Municipal Services Facility in Kings Park takes resident drop-offs Monday through Saturday, with electronics accepted at no charge.

Table of contents

  • Three shapes a Smithtown downsize takes
  • How STAR changes with a move
  • Clearing out a Smithtown house
  • Which comes first, the sale or the purchase
  • Related pages

Three shapes a Smithtown downsize takes

Smaller house. Condo or co-op. Or the same house, used differently. The order of the sale and the purchase matters as much as the choice.

Condos and co-ops

New York runs condo and co-op offerings through the Attorney General. According to the AG's guide to buying a co-op or condo, units are sold under the terms of an offering plan, and the Real Estate Finance Bureau reviews those plans under the Martin Act. The AG recommends reading the entire plan and consulting an attorney before signing a purchase agreement.

The line that matters on a resale: when an individual owner sells, rather than the sponsor, the AG says the sale is not regulated by its office and no offering plan is required. The AG's offering plan database lists submitted plans and their amendments.

Same house, with an accessory apartment

Some owners downsize without moving. The Town's Public Safety answers say a legal accessory apartment has a permit from the Building Department, renewed every three years.

For living quarters, the Building Department's special exception requirements, dated June 12, 2026, list:

  • Two notarized applications, three sets of floor plans, and two copies of the survey
  • A $325 fee
  • Special exception approval from the Board of Zoning Appeals, applied for at the Planning Department
  • Board of Health approval, where required

Renewal is $325 every three years, and the Department inspects to confirm conditions match what was approved.

How STAR changes with a move

The NYS Tax Department's STAR FAQs say the law does not allow STAR exemptions to be transferred to newly purchased homes. An owner who has held the exemption since 2015 keeps it only on that same house. On the next home, the benefit is a STAR credit, paid by check or direct deposit, after registering.

The details from the Tax Department:

  • It uses the owner on July 1. A June 15 purchase can qualify that year; a July 15 purchase qualifies the following year.
  • If the prior owner had the exemption, the new homebuyer page says the buyer may receive it in the first year, then the credit going forward.
  • Registration runs through the Homeowner Benefit Portal, and the STAR registration page says a seller closes the registration on the home being sold.
  • Basic and Enhanced levels apply to both the credit and the exemption, with eligibility set by the Tax Department.

Clearing out a Smithtown house

Less house means the extra has to go somewhere. The Town's Municipal Services Facility in Kings Park is a resident drop-off center for recycling and construction debris, Monday through Saturday from 7:00 a.m., with the last drop-off at 3:00 p.m. Debris is $20.00 for up to 200 pounds and 10 cents a pound after that.

Computers, printers, TVs, monitors and household batteries can be dropped off at no charge during regular hours, according to the Town's hazardous waste notice. Paint, pool chemicals and other household hazardous waste are different: the facility takes them only at scheduled events, and the Town's April event notice capped paint at five gallons per household. The Town's 2026 collection calendar listed three events, April 18, July 11 and October 3, so the 2026 events are done.

Which comes first, the sale or the purchase

Selling first means the move needs a place to land. Buying first means two houses carry costs at once. No order fits every owner. It depends on the numbers and the dates in both contracts.

That is the conversation I have with sellers before anything goes on the market. You will hear the truth from me about price, prep and timing.

Related pages

More about me.

Questions about Smithtown

Does my STAR exemption transfer when I downsize to a new home in Smithtown?

No. The New York State Tax Department says the law does not allow STAR exemptions to be transferred to newly purchased homes. An owner who has received the exemption since 2015 keeps it only on that same house. On the next home, the STAR benefit comes as a STAR credit, paid by check or direct deposit, after registering through the Tax Department's Homeowner Benefit Portal.

When does a new owner become eligible for the STAR credit?

The Tax Department uses the owner on July 1 to determine STAR eligibility. Its examples: a home bought on June 15 can qualify for the credit that year, and a home bought on July 15 qualifies the following year, as long as the owner registers and meets the eligibility rules. If the prior owner had the STAR exemption, the buyer may receive it in the first year.

What happens to my STAR registration when I sell my house?

The Tax Department's STAR registration page says an owner who sells the property closes the registration. Its FAQs add that an owner who registered for the credit and then bought and moved to a new home registers again for the new home.

What is a condo or co-op offering plan in New York?

It is the document a sponsor uses to offer condominium or cooperative units. The New York Attorney General's Real Estate Finance Bureau reviews offering plans under the Martin Act, and the Attorney General recommends reading the entire plan and consulting an attorney before signing a purchase agreement. Its offering plan database lists submitted plans and their amendments.

Is a condo resale regulated by the Attorney General?

According to the Attorney General, when an individual owner or company sells a unit rather than the sponsor, the sale is not regulated by the Attorney General and no offering plan is required. The contract and applicable law control the buyer's rights on a resale.

Are accessory apartments legal in Smithtown?

The Town of Smithtown's Public Safety answers say a legal accessory apartment has a valid permit from the Building Department, and the permit is renewed every three years.

What does the Smithtown living quarters special exception require?

The Building Department's requirements, dated June 12, 2026, list two signed and notarized applications, a tax bill or contract of sale for new owners, three sets of floor plans, two copies of the survey or site plan, a $325 fee, and special exception approval from the Board of Zoning Appeals through the Planning Department. Board of Health approval may be required. Renewal is $325 every three years, with an inspection.

Where can Smithtown residents drop off electronics?

At the Town's Municipal Services Facility in Kings Park, during regular hours, at no charge. The Town lists computers, printers, TVs, monitors, and automotive and household batteries. The facility is open to residents Monday through Saturday, with the last drop-off at 3:00 p.m.

When is household hazardous waste collection in Smithtown?

The Town takes household hazardous waste, such as paint and pool chemicals, only at scheduled events at the Municipal Services Facility. The 2026 calendar listed three: April 18, July 11 and October 3. The events are for Town residents only, with no commercial or contractor waste.

Sources

  1. https://ag.ny.gov/you-buy-co-op-or-condo
  2. https://ag.ny.gov/libraries-documents/offering-plan-database
  3. https://www.smithtownny.gov/Faq.aspx?QID=165
  4. https://www.smithtownny.gov/DocumentCenter/View/9602/SPECIAL-EXCEP-REQUIREMENTS-PDF
  5. https://www.tax.ny.gov/star/faqs.htm
  6. https://www.tax.ny.gov/pit/property/star/
  7. https://www.tax.ny.gov/pit/property/new-homebuyers/
  8. https://www.smithtownny.gov/157/Municipal-Services-Facility
  9. https://www.smithtownny.gov/CivicAlerts.aspx?AID=3377
  10. https://www.smithtownny.gov/DocumentCenter/View/9011/TOS-2026-CAL-PDF

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