The Local Law 22 of 2024 basement and cellar legalization pilot requires the owner to occupy the building as a primary residence at the time of application. Outside the pilot, NYC has no ADU framework, so owner-occupancy rules don't apply.
Under Local Law 22 of 2024, eligibility for the basement and cellar conversion pilot is limited to owner-occupied one- and two-family homes in 15 designated community districts. The owner must file a sworn affidavit that the building is their primary residence at application, and HPD or DOB may require proof such as a homestead exemption STAR certificate, voter registration, or driver's license. The owner-occupancy requirement runs only at the time of application; the law does not impose a long-term deed restriction. After legalization, the unit may be rented to any tenant. NYC's broader Multiple Dwelling Law does not impose owner-occupancy on other accessory units because the city has no other ADU framework.
False affidavits under Local Law 22 are punishable under NYC Admin Code Section 28-211.1 with ECB violations and may be prosecuted by the District Attorney for fraud, plus revocation of the Certificate of Occupancy.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
New York, NY
The NYC Noise Code prohibits excessive muffler/exhaust sound from motor vehicles on roads with a 35 mph or lower speed limit - defined by 'plainly audible' d...
New York, NY
Under Admin. Code Sec. 24-235, an animal owner may not permit unreasonable animal noise that is plainly audible inside any nearby residential property for 10...
New York, NY
Under Admin. Code Sec. 24-222, construction work is unlawful except on weekdays between 7:00 a.m. and 6:00 p.m. Limited weekend work (Sat/Sun 10 a.m.-4 p.m.)...
New York, NY
Under Admin. Code Sec. 24-231, music from a commercial establishment may not exceed 42 dB(A) measured inside any nearby residential dwelling unit, nor 45 dB ...
New York, NY
New York City has no blanket 'quiet hours' curfew, but the Noise Code's general prohibition (Admin. Code Sec. 24-218) makes it unlawful to make any unreasona...
New York, NY
New York City bars street storage of boat trailers, mobile homes, and mobile medical diagnostic vehicles: under 34 RCNY 4-08(m)(8) none may be parked on any ...
See how New York's adu owner occupancy rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.