Albany, NY Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Occupancy rule
- Owner must live in primary or ADU
- Certification
- Biennial, with Buildings Dept.
- Governing section
- USDO § 375-303(6)(a)(ii)
- Related cap
- ADU limited to 800 sq ft
- Per lot
- Only one ADU per lot
Summary
Albany requires the owner of a lot with an accessory dwelling unit to live in either the primary home or the ADU as their primary residence, and to certify that occupancy every two years.
The property owner shall occupy either the primary or the accessory dwelling unit as their primary residence and certify such occupancy biennially with the Department of Buildings and Regulatory Compliance.
(iii) On lots containing an accessory dwelling unit, neither the primary nor accessory dwelling unit may be made available for rent by guests for less than 30 consecutive days where the unit is offered for tourist or transient use.
(iv) No more than two dwelling structures, including structures containing an accessory dwelling unit, may be permitted on a single lot.
(v) For the purpose of providing adequate fire protection access, the distance from the nearest street frontage to the center of the rear wall of the accessory dwelling unit shall not exceed 150 feet of travel distance.
(vi) An accessory dwelling unit shall not exceed 800 square feet of gross floor area.
(vii) A detached accessory dwelling unit shall not occupy more than 30% of the rear yard.
(viii) A detached accessory dwelling unit shall not exceed the height of the principal dwelling structure or 24 feet, whichever is less.
(ix) An attached accessory dwelling unit shall be subject to the same setback, height and impervious lot coverage regulations as the primary structure.
(x) A detached accessory dwelling unit shall be subject to the same setback regulations as accessory structures.
(xi)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Albany's Unified Sustainable Development Ordinance ties every accessory dwelling unit to owner-occupancy: the property owner must live in either the primary dwelling or the ADU as their primary residence, and re-certify that occupancy every two years with the Department of Buildings and Regulatory Compliance. The requirement sits inside the accessory-dwelling-unit standards at USDO § 375-303(6)(a), alongside the separate 800-square-foot size cap, height limit, and rear-yard coverage limit for the unit. Losing owner-occupied status, or skipping the biennial certification, puts the ADU out of compliance and exposes the property to the USDO's standard enforcement process.
Violations & Fines
Failing to certify owner-occupancy biennially or vacating both units voids the ADU's compliant status; the City can issue a notice of violation, order a cease-and-desist, and revoke approvals, with each day counted as a separate violation.
Frequently Asked Questions
Does the owner have to live in the ADU itself?
How often must owner-occupancy be certified?
What happens if the property is rented out entirely?
Sources & Official References
Other rules in Albany
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ADU Owner Occupancy in Nearby Cities
How other cities in Albany County handle adu owner occupancy.