Albany, NY Accessory Structures: ADU Permits (2026)

An Albany homeowner pursuing an ADU after the September 2025 amendment to Chapter 375 works through several overlapping layers. Zoning: the USDO now lists ADU as an accessory use to a single-unit dwelling subject to the use standards added to Article III (Use Regulations). The 800-square-foot gross floor area cap, the limit of two dwelling structures per lot, and the prohibition on tourist or transient rental of either the primary or accessory unit for less than 30 consecutive days are codified in the new ADU use standards. Lot dimensional standards, accessory-structure setback requirements (minimum 2 feet from side and rear lot lines for accessory structures, with additional Article IV development standards for height and lot coverage), and impervious surface limits all carry over from the underlying district's Article II zoning table. Building Code: New York is a Uniform Code state. Construction, electrical, plumbing, mechanical, and energy work must comply with 19 NYCRR Parts 1219 through 1228, which adopt the 2020 International Residential Code, International Building Code, International Mechanical Code, International Fuel Gas Code, International Plumbing Code, and International Fire Code with New York amendments, plus the 2020 Energy Conservation Construction Code of New York State (ECCCNYS). Permits and inspections are issued by Albany's Department of Buildings and Regulatory Compliance. Albany is below the 325,000-population threshold that triggers the New York Multiple Dwelling Law, so that statute does not generally apply, but the Multiple Residence Law (NY MRL) does apply to dwellings with three or more units and can be triggered if an ADU plus the principal dwelling plus an existing unit pushes the total above two units. SUNY Albany and University at Albany student-housing demand makes ADUs an attractive option for owner-occupants near Pine Hills and the uptown campus, but the owner-occupancy requirement materially constrains pure investor conversion.