ADU Laws in New York (2026)
New York state ADU law details, key provisions, preemption status, and recent legislative changes for accessory dwelling units.
Law Name
State ADU Law
Preempts Local Ordinances
No — local rules may be stricter
Has State Law
Yes
Key Provisions
No statewide ADU preemption law exists in New York as of 2026
ADU regulation is left entirely to local jurisdictions
New York City enacted its own ADU allowances via 'City of Yes for Housing Opportunity' (December 2024)
Governor Hochul proposed statewide housing mandates in 2023 (Housing Compact) that included ADU requirements, but the legislature did not pass statewide zoning reform
Some upstate New York municipalities have independently adopted ADU-permissive zoning
Legislative History
2024 — NYC City of Yes for Housing Opportunity
NYC's own local zoning text amendment (not state law) approved December 2024 allows ADUs in 1- and 2-family homes citywide, effective September 30, 2025
2023 — NY Housing Compact (proposed, not enacted)
Governor Hochul proposed statewide housing mandates requiring municipalities to zone for more housing including ADUs. Legislature did not adopt the proposal.
Official Sources
Source: New York State ADU Law. Last verified April 3, 2026. View source