Possibly. As of October 2026, New York City allows one ADU of up to 800 sq ft with a one- or two-family home, under the City of Yes for Housing Opportunity amendments adopted December 5, 2024. The house cannot be attached or a rowhouse, the owner must live on the lot at initial occupancy, and each ADU type has its own location limits.
What is the eligibility checklist?
- Home type: a one- or two-family home. HPD notes that adding an ADU to a two-family home may trigger Multiple Dwelling Law requirements.
- Building form: detached or semi-detached. Attached houses and rowhouses are excluded.
- Owner occupancy: the lot must be the primary residence of an owner at initial occupancy.
- Flood maps: basement, cellar and new backyard ADUs are not allowed in DEP flood risk areas.
- Zoning district: new backyard ADUs are not allowed in R1-2A, R2A or R3A districts outside the Greater Transit Zone.
- Historic and special districts: new backyard ADUs are not allowed in LPC historic districts or in some special districts such as Bay Ridge.
- Deed and violations: HPD advises checking deed restrictions and open building violations before filing.
How many properties pass?
The Regional Plan Association estimated in September 2025 that about 12 percent of the city's one- and two-family lots, roughly 68,000, are eligible. It counted about 29 percent of detached homes and 9 percent of semi-detached homes, and no attached homes.
Can I rent the ADU?
Yes, long-term. DOB says ADUs can house family members or be rented. The owner-occupancy rule applies at initial occupancy. See the rent guide.
Do I need to add parking?
No. The City of Yes rules do not require a parking space for an ADU.
Sources, as of October 2026:
- NYC DOB, ADU FAQs and rule 1 RCNY 105-08.
- NYC HPD, ADU guidebook and Plus One ADU FAQ (City of Yes adoption date).
- Regional Plan Association, "Navigating NYC's New ADU Rules" (September 10, 2025).