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

Young Professional

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 and Environmental 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 and Environmental Planner

Get top-rated, practical training for planners

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

7 hours ago - Zachary Whalen

Overlapping highways

The state-sanctioned urbicide of Austin

People don’t kill cities. Freeways do.

September 8, 2026 - Benjamin Schneider

The Hoover Dam blocking the Colorado River. The river's water level is noticeably low. The cliffs surrounding the blue water are brown and jagged.

US to reduce Colorado River water deliveries to Mexico

A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.

September 11, 2026 - The Arizona Republic

A cluster of wind turbines beneath a stormy sky, above a forest where the leaves are beginning to change colors.

5 New England states march closer to 800 megawatt wind energy project

Securing federal approval for the project may be complicated under the Trump administration, which has historically been hostile towards domestic wind power.

3 hours ago - Inside Climate News

People boarding a bus on Maryland's Orange Route.

Baltimore to break ground on $50 million Transit Priority Project

The project will bring faster bus trips, safer streets and better bike connections to Baltimore.

4 hours ago - Mass Transit

A brick building with a circular sign with the Airbnb logo hanging off of it.

Airbnb launches $250 million 'last-dollar financing' housing accelerator, makes first investment in Austin

The company will put $6.4 million towards affordable housing development in Texas’ capital.

5 hours ago - Smart Cities Dive

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.