Albany, NY Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- Owner-occupancy
- required, certified every 2 years
- Minimum rental stay
- 30 consecutive days
- Short-term/tourist rental
- prohibited on ADU lots
- Enforcing agency
- Dept. of Buildings & Regulatory Compliance
Summary
Albany requires the owner to live in either the main house or the accessory dwelling unit and bars renting either one out for stays under 30 days.
The property owner shall occupy either the primary or the accessory dwelling unit as their primary residence and certify such occupancy biennially with the Department of Buildings and Regulatory Compliance. ... On lots containing an accessory dwelling unit, neither the primary nor accessory dwelling unit may be made available for rent by guests for less than 30 consecutive days where the unit is offered for tourist or transient use.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).
Full Breakdown
Under the city's Unified Sustainable Development Ordinance, an accessory dwelling unit must be accessory to a single-unit dwelling, and the property owner must occupy either the primary or accessory unit as a primary residence, certifying that occupancy every two years with the Department of Buildings and Regulatory Compliance. On any lot with an ADU, neither dwelling may be rented to guests for less than 30 consecutive days if the unit is offered for tourist or transient use, closing off short-term-rental platforms like Airbnb for ADU lots.
Violations & Fines
Zoning enforcement through the Department of Buildings and Regulatory Compliance; noncompliant use of an ADU is a USDO violation subject to the City's standard zoning enforcement and penalty provisions.
Frequently Asked Questions
Can I rent my Albany ADU on Airbnb?
Do I have to live on the property to have an ADU?
Sources & Official References
Other rules in Albany
New York rules heatmap·Compare Albany to another location·View the New York accessory structures overview
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ADU Rental Restrictions in Nearby Cities
How other cities in Albany County handle adu rental restrictions.