Buffalo requires that the property owner occupy either the primary dwelling or the accessory dwelling unit as their principal residence. This owner-occupancy mandate applies at the time of permit issuance and on a continuing basis. Investor-only ADU configurations where no owner lives on the lot are not allowed under the current Green Code framework.
Under Buffalo's Green Code UDO (Chapter 496), an ADU is treated as a residential accessory use that must remain incidental to an owner-occupied primary dwelling. The property owner's principal residence must be on the same lot as the ADU - either the main house or the accessory unit itself. This standard mirrors Buffalo's wider approach to two-family and short-term rental dwelling classification, where owner occupancy distinguishes by-right from special-use scenarios. Owners can satisfy occupancy through homestead documentation such as a STAR exemption, voter registration, or driver's license address. Selling or moving out of the property triggers a notice obligation, and continued operation as a non-owner-occupied ADU can be cited as a zoning violation. The owner-occupancy rule overlaps with Buffalo's short-term rental ordinance (Chapter 380), where non-owner-occupied rentals require a special use permit and Common Council approval.
Operating an ADU without owner-occupancy violates Chapter 496 and may trigger zoning enforcement, revocation of the certificate of occupancy, and daily fines. The Department of Permit and Inspection Services can require legalization through a special use permit (if pursued via Chapter 380 for short-term rental) or order the unit returned to non-dwelling use. Sale of the property without disclosure of the occupancy condition can create civil liability.
Buffalo, NY
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See how Buffalo's adu owner occupancy rules stack up against other locations.
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