ADU Rules in New York (2026)
ADU rules in New York — no statewide ADU law. Regulation is entirely local. Key provisions and city-specific frameworks for accessory dwelling units.
Law Name
Preempts Local Ordinances
No — local rules may be stricter
Has State Law
No — regulation is local
Statewide Preemption Status Unconfirmed
No statewide preemption statute was confirmed for this jurisdiction — regulation is local. Local governments retain full authority to set their own rules.
Local Control Framework
No statewide ADU preemption law exists in New York as of 2026 · Source
ADU regulation is left entirely to local jurisdictions · Source
New York City enacted its own ADU allowances via 'City of Yes for Housing Opportunity' (December 2024) · Source
Governor Hochul proposed statewide housing mandates in 2023 (Housing Compact) that included ADU requirements, but the legislature did not pass statewide zoning reform · Source
Some upstate New York municipalities have independently adopted ADU-permissive zoning · Source
Legislative History
Source: New York Local Zoning Authority. Last verified April 3, 2026. View source