New York City home owners can now apply to build backyard and basement apartments

New York City homeowners can now officially apply to construct separate apartments in their backyards, basements, or attics. This measure is part of the “City of Yes” urban plan promoted by Mayor Adams, which was passed at the end of last year.

Starting this Tuesday, residents can submit applications for “Accessory Dwelling Units” (ADUs) through the Department of Buildings (DOB) DOB NOW platform. According to the regulations, the maximum size for an ADU is 800 square feet and it must be located on the same lot as the homeowner’s primary residence.

To assist residents interested in constructing ADUs, the Department of Housing Preservation and Development (HPD) has introduced a new support program called “ADU For You” and is recruiting architects to provide a variety of pre-designed ADU plans for homeowners to choose from.

City Planning Director Dan Garodnick stated in a press release, “ADUs have proven to be a housing solution across the United States, and now New York City homeowners have the opportunity to add them to their properties.”

Official estimates suggest that the “City of Yes” plan will result in the construction of approximately 82,000 new housing units over 15 years, with ADUs expected to account for nearly forty percent of them. However, some restrictions were added during the final council review last year, including a ban on constructing ground-level or basement ADUs in flood-prone areas and backyard ADUs in some low-rise residential areas. All ADUs must be single-story structures.

The Adams administration has long advocated for ADUs, viewing them not only as a tool to alleviate housing shortages but also as a way for middle-class homeowners to earn additional rental income. According to the regulations released by the Department of Buildings in July, newly constructed ADUs must have automatic sprinkler systems installed, and if the entrance is not facing the street, homeowners must display a red sign stating “ADU in rear” to indicate its location.

In fact, prior to the passage of the “City of Yes” initiative, New York City already had many backyard and basement apartments, but most were unauthorized illegal structures, posing serious safety risks. Previously, to legally construct an ADU, homeowners would typically have to spend a significant amount of time applying for exemptions or zoning changes.