Eight months ago, New York City lawmakers passed what was described as a pivotal series of zoning changes aimed at solving the city's housing crisis.
Mayor Eric Adams' administration has said the "City of Yes" legislation is slated to add 80,000 housing units over 15 years. A key feature of the legislation is allowing New York City homeowners to add an accessory dwelling unit, or ADU, to their property. The Adams administration had not ironed out the details of the ADU provision when the City of Yes passed in December.
City officials released proposed ADU rules on July 18 for the public to review. As written, the rules would stipulate:
- Only one ADU can be built on the property of a one- or two-family residence.
- The person applying to build an ADU must own the property where the unit will sit. The home must also be the applicant's primary residence during construction of the ADU.
- Homeowners can have an ADU in the basement of their property as long as the house is a new build. However, the basement ADU must be connected to the home's sprinkler system for fire safety.
- No one can build a basement ADU if the house is in a New York City-designated flood zone.
- Detached garages can be converted into ADUs, but the homeowners must work with the city's building department to see whether new certificates of occupancy are needed.
- If a person cannot clearly see the entrance to the ADU from the street or sidewalk, the homeowner must put up a sign — in red letters at least 5 inches high on a white background — that reads "ADU in rear."
Proposed regulations would create 'pretty strong ordinance'
An expert who studies housing legislation told Homes.com that the city's rules are solid, but they could use a few tweaks.
The proposed regulations would create "a pretty strong ordinance" and mirror what other states have adopted in recent years, Emily Hamilton, a senior research fellow in land use policy and ADU legislation at George Mason University, told Homes.com.
But a couple of modifications would make them even stronger, Hamilton said.
For starters, the city should explicitly write in the rules that homeowners don't need to create additional parking for residents of the ADU once the unit is complete, Hamilton said.
The rule about letting only a homeowner apply for the ADU should be amended as well because, as written, it excludes a key participant of New York's housing scene, she said. "It doesn't allow, say, a house flipper to take a single-family house and add an ADU and sell it to a new owner-occupier or a new investor."
And one rule could add $30,000 to the cost of building a house with a basement ADU, she said: the sprinkler line. Though she isn't against adding the sprinkler line, she said the cost could be prohibitive.
Public hearing slated for mid-August
City officials will hold a public hearing about the rules — which do not require City Council approval — on Aug. 18 before making revisions and adopting a final version. Adams said approving the rules marks a key step toward increasing the city's housing stock.
"Ancillary dwelling units are a solution to our city’s housing crisis that allow homeowners to create new homes for family members or renters while keeping our neighborhoods vibrant and livable," he said in a statement last week. "Through City of Yes, we’re giving New Yorkers more housing options, more flexibility, and more opportunity, block by block and borough by borough as [we] make New York City the best place to live and raise a family."