New York ADU Laws & Rules (2026)

Compare ADU zoning rules across 3 New York cities. Average ADU score: 4.7/10.

MixedNYC ADU Pilot

Key New York ADU Laws

New York ADU Laws

  • NYC ADU pilot program — legalizing basement and garage conversions
  • Suburbs vary widely — some towns very restrictive
  • ADU Accessory Apartment law in some Long Island communities
  • State-level reform discussions ongoing

New York Cities ADU Comparison

CityMax SizeSetbacksPermit FeesBuild Cost1BR RentScore
Buffalo 1,000 sq ft gross floor area; a detached unit must also be shorter and smaller-footprint than the principal building (Green Code UDO 6.1.2.B) 15 feet $2,000-$3,500 $110,000-$220,000 $1,100-$1,500/mo 7/10
New York City Up to 800 sq ft (and no more than 33% of the required rear yard) where permitted under City of Yes; not allowed in historic districts or R1A/R2A/R3A zones outside the Greater Transit Zone N/A $5,000-$10,000 $150,000-$300,000 $2,200-$3,200/mo 5/10
Rochester Not applicable yet - the pending Zoning Alignment Project code would newly allow ADUs (by special permit in low-density zones); no adopted dimensional standards exist 15 feet $1,900-$3,300 $105,000-$210,000 $1,050-$1,450/mo 2/10

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