New York City residents can now legally convert attics and basements into apartments.

New York City Mayor Eric Adams' administration launched the controversial City of Yes housing plan. Homeowners now have permission to build accessory dwelling units (ADUs) on their properties. Silive tells in more detail.

ADU stands for Accessory Dwelling Unit.
An ADU is a small apartment or house on a property where there is already a main residence. ADUs can be:

• equipped with a basement or plinth;
• attic apartment;
• a small separate house in the yard (granny flat, tiny house);
• an extension to the main house.

The main thing is that ADU is a separate residential a space with its own kitchen, bathroom and entrance that can be rented out or used by a family.

Adams announced on September 30 that the city had officially begun accepting applications for the construction of "safe and code-compliant accessory dwelling units" in all five New York City boroughs.

On the subject: New York City rents are the highest in the world.

The plan is the largest zoning reform since the 1960s and calls for the creation of approximately 80,000 new Apartments through changes to regulations on accessory dwelling units, parking, and development near transit.

ADU For You Program

To encourage homeowners willing to build legal ADUs, Adams established an incentive program. ADU For You.

New residential units in basements, attics, or courtyards will meet strict zoning, construction, fire safety, and occupancy standards, he said.

However, Staten Island residents and elected officials have sharply criticized this approach. Their main complaint is that the new apartments do not include parking, unlike other buildings in the borough. And on an island heavily dependent on cars, several neighborhoods already lack parking spaces.

Regulation and safety

Officials say ADU construction will be strictly regulated.

"This administration always puts the safety of New Yorkers first when changing building codes," said Department of Buildings Commissioner Jimmy Oddo, a former Staten Island commissioner.

He said the department and other city agencies' new rules will help protect residents and maintain the city's safety mission.

What can be built?

According to the new rules, the following are allowed:

• basement apartments;
• attic apartments in single-family houses;
• small cottages in the courtyards of plots with one- and two-family houses.

Such premises can be used by family members or rented out long-term.

Construction applications can be submitted through the portal DOB NOW: BuildAll ADUs must comply with zoning, building, fire, and occupancy codes.

Program details

According to authorities:

• The ADU For You program, designed to help navigate the complexities of ADU construction, will become an online resource for homeowners:
• A library of pre-approved projects (PAPL) will be available as part of the program. These will be reviewed by the Department of Buildings, assigned a number, and entered into the database;
• Owners will be able to directly contact the architect who designed the project and hire him to complete the construction;
• WXY, Habitat for Humanity of New York City and Westchester, and KM Associates are helping the city create resources;
• Neighborhood Restore HDFC, through its subsidiary Restored Homes HDFC, will provide advice to homeowners.

Requirements

Technical requirements for ADUs were established:

• safety of residents;
• flood protection;
• water sensors;
• clear marking of inputs and outputs;
• rules for evacuation and fire protection.

Requirements for emergency exits, windows, and automatic fire suppression systems have been added for basement apartments. An updated flood zone map has been developed, where the construction of underground ADUs will be prohibited.

A certification process has been established to test for acceptable levels of radon and organic chemical vapors in basements and ground floors.

Legalization of existing premises

In 2024, more than 2800 building owners participated in a voluntary survey as part of the Plus One ADU pilot program. They expressed interest in building additional units.

Now many of them will be able to submit official applications.

In addition, the city is developing a pilot project to legalize some already occupied basements and plinths built without permits.

Owners of such properties, if they meet safety criteria, will be able to obtain a 10-year temporary occupancy permit. During this time, the owners will have the opportunity to bring these properties into full compliance with the new ADU regulations.