Yonkers requires that the property owner occupy and maintain the principal dwelling building on the lot as their primary residence. The accessory apartment itself may only be occupied by relatives of the lot owner or the owner's spouse - including children, grandchildren, parents, siblings, nephews, and nieces. Non-relative tenants are not permitted under the current Chapter 43 supplemental regulations.
Yonkers's accessory apartment scheme under Chapter 43 imposes one of the stricter owner-occupancy and tenant-restriction regimes in New York State. The supplemental standards expressly require that the principal dwelling on the lot be the lot owner's primary residence and that occupancy of the accessory apartment be limited to relatives of the lot owner or the lot owner's spouse. Acceptable relationships have historically been interpreted to include parents, children, grandchildren, siblings, and nieces and nephews. The owner-occupancy and family-relationship conditions are recorded on the special use permit and continue for as long as the unit operates as an accessory apartment. A change in ownership or in the relationship status of the occupant must be reported, and continued occupancy by non-relatives is a zoning violation. Pre-2000 accessory apartments holding valid certificates of occupancy may have separately negotiated conditions but those certificates are not transferable beyond the original terms. Federal Fair Housing Act protections continue to apply, and any enforcement must avoid unlawful discrimination on protected-class grounds.
Renting an accessory apartment to a non-relative or operating the lot without the owner as primary resident violates Chapter 43 and exposes the owner to revocation of the certificate of occupancy, civil penalties, and orders to vacate the accessory unit. Sale of the property generally voids the accessory apartment authorization unless the new owner reapplies and satisfies the supplemental standards. Concealing occupancy facts on permit applications can support criminal misdemeanor referrals under Article XII.
Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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Yonkers, NY
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See how Yonkers's adu owner occupancy rules stack up against other locations.
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