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

Chapter 120 of the Rochester City Code governs accessory uses in residential districts, with R-1 (Low-Density Residential) characterized predominantly by owner-occupied, single-family dwellings. ADUs in single-family districts have traditionally been conditioned on continued owner occupancy of either the principal dwelling or the accessory unit, consistent with how the zoning code distinguishes accessory uses from separate two-family or multifamily uses. New York State has not enacted a statewide ADU mandate that would override local owner-occupancy requirements - the proposed Assembly Bill A4854 and related Plus One ADU mandates did not pass as of 2024, leaving owner-occupancy a matter of local zoning. For owners participating in the City of Rochester ADU pilot program, the program agreement requires the owner to retain ownership and to keep rent for any tenant in the ADU at fair-market-rent levels for a minimum of 3 years; otherwise the participant may be required to repay the reimbursement. Owners should verify current owner-occupancy language with the Bureau of Buildings and Zoning before applying.