ReZone Syracuse requires the property owner to occupy either the principal dwelling or the ADU at all times for properties using the by-right ADU allowance in R1-R4 residential districts. A non-occupant landlord cannot operate both units as separate rentals without converting the property to a permitted two-family use under the underlying zoning.
Under the Syracuse Zoning Ordinance (ReZone Syracuse, effective July 1, 2023, amended July 2024), ADUs are conditioned on continued owner-occupancy of either the principal dwelling or the accessory unit. This is consistent with how ReZone Syracuse distinguishes accessory dwelling units (a single ADU subordinate to a primary owner-occupied home) from two-family and multi-unit principal uses, which have their own district-by-district permissions. The owner-occupancy requirement is a local zoning policy choice; New York State has not enacted a statewide ADU mandate that would override local owner-occupancy conditions - the proposed Assembly Bill A4854 / Plus One mandate did not pass as of 2024. Owners who want to rent both the primary dwelling and the ADU to unrelated tenants generally need to apply for two-family or higher density treatment under the underlying district, or seek a use variance from the Zoning Board of Appeals (Chapter 26 of the Syracuse Code). Documentation of owner-occupancy may be required at building permit issuance, on the Rental Registry Certificate (Chapter 27, Article 9), and on any tax exemption filed with the Onondaga County Real Property Tax Services.
Renting both the primary dwelling and the ADU to unrelated tenants in an R1 district without converting the property to a permitted two-family use is a zoning violation. Enforcement under Chapter 27 and the Zoning Ordinance can result in revocation of the certificate of zoning compliance, daily fines, an order to vacate the ADU, and possible loss of the Rental Registry Certificate.
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See how Syracuse's adu owner occupancy rules stack up against other locations.
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