Greenburgh, NY Accessory Structures: ADU Owner Occupancy (2026)

Code § 285-36(O)(9), added by Local Law No. 2-2026 (adopted April 8, 2026), makes owner-occupancy a continuing condition of every ADU permit. The lot owner must submit a sworn affidavit, certifying under penalty of perjury, that they continuously reside in and occupy one of the dwelling units on the lot, either the principal residence or the ADU itself. The section further bars splitting ownership: the primary residence, the ADU, and the lot on which both sit must be held in common ownership at all times, so an owner cannot sell off the ADU as a separate unit or convey it to a different owner than the main house.

This dovetails with the sale-transfer rule in § 285-36(O)(14): if the property does sell, the special permit can transfer to the new owner only if that owner files an ADU renewal application within 90 days of the purchase date, and the permit is inspected and issued a certificate of compliance before transfer. If the new owner misses that 90-day window, the ADU special permit expires automatically, cutting off use of the unit as an ADU until a fresh permit is obtained.