Proposed Law Would Legalize Accessory Dwelling Units in New York State

Advocates have been calling for the New York State Legislature to legalize accessory dwelling units for years. A new law would take the first step.

1 minute read

January 28, 2021, 5:00 AM PST

By James Brasuell @CasualBrasuell


Granny Flat

Nicolás Boullosa / Flickr

New York State Assemblymember Harvey Epstein and New York State Senator Pete Harckham recently introduced legislation to legalize accessory dwelling units (ADUs) in the state of New York.

The New York State Accessory Homes Enabling Act would direct local governments to legalize ADU permitting while allowing some flexibility for locality-specific considerations.

New York ADU Legalization, a coalition of advocates supporting the legislation, put out a press release announcing and explaining the proposed legislation:

The New York State Department of State would work with local governments to make sure local laws meet state requirements and protect both homeowners and renters. And the New York State Division of Housing and Community Renewal would create a financing program to make sure low- and moderate-income homeowners are able to access the benefits of ADUs.

Assemblymember Harvey Epstein also put out a statement touting the proposed law as an affordable housing measure. "ADU legalization would open up opportunities for hundreds of thousands of affordable units to be placed on the market to beat back the housing crisis, as well as generate more tax revenue to help fill looming budget gaps," said Epstein in the statement.

The Regional Plan Association also put out a statement in support of the proposed law, saying that more permissive ADU laws is especially critical in light of the pandemic.

Wednesday, January 27, 2021 in New York ADU Legislation

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Bird's eye view of manufactured home park.

Manufactured Crisis: Losing the Nation’s Largest Source of Unsubsidized Affordable Housing

Manufactured housing communities have long been an affordable housing option for millions of people living in the U.S., but that affordability is disappearing rapidly. How did we get here?

March 25, 2025 - Shelterforce

U-Haul truck on road with blurred grassy roadside in background.

Americans May Be Stuck — But Why?

Americans are moving a lot less than they once did, and that is a problem. While Yoni Applebaum, in his highly-publicized article Stuck, gets the reasons badly wrong, it's still important to ask: why are we moving so much less than before?

March 27, 2025 - Alan Mallach

Close-up of rear car bumper in traffic on freeway.

Research Shows More Roads = More Driving

A national study shows, once again, that increasing road supply induces additional vehicle travel, particularly over the long run.

March 23, 2025 - Road Capacity as a Fundamental Determinant of Vehicle Travel

Two white and red Stadler electric Caltrain trains next to each other on a sunny day.

Which US Rail Agencies Are Buying Zero-Emissions Trains?

U.S. rail agencies are slowly making the shift to zero-emissions trains, which can travel longer distances without refueling and reduce air pollution.

March 30 - Smart Cities Dive

Front of San Diego High School with students milling around.

San Diego School District Approves Affordable Housing Plan

The district plans to build workforce housing for 10 percent of its employees in the next decade and explore other ways to contribute to housing development.

March 30 - The San Diego Union-Tribune

Red crane in foreground with New York City skyline in background.

Lawsuit Aims to Stop NYC’s ‘City of Yes’ Zoning Reforms

A lawsuit brought by local lawmakers and community groups claims the plan failed to conduct a comprehensive environmental review.

March 30 - New York Post