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Greenburgh, NY Accessory Structures: ADU Rental Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum lease term
One year
Broken-lease assignment
Prohibited
Tenant notice on sale
90 days minimum
Governing section
Code § 285-36(O)(7)
Penalty
$1,000 minimum fine, permit revocation

Summary

Greenburgh bars owners from leasing an accessory dwelling unit for less than a full year, and if that lease breaks early, the owner cannot hand the remaining term off to a new tenant.

(7) Rental Duration. Property owners shall not lease an ADU for less than a one-year term, and in the event of a breach of the lease or termination prior to one year, the property owner shall not be permitted to assign the remainder of the lease term.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).

Full Breakdown

Code § 285-36(O)(7), enacted by Local Law No. 2-2026 (adopted April 8, 2026), sets a minimum one-year rental term for every ADU in Town: property owners cannot lease an ADU for less than a one-year term. If the lease is breached or ends before the year is up, the owner is barred from assigning the remainder of the term to a replacement tenant, closing off short-term or rotating-tenant use of the unit. The restriction ties into the broader permit-transfer scheme in § 285-36(O)(14): if the property with the ADU is sold, an existing tenant renting under the prior owner's lease may stay through the end of the current lease term, capped at 12 months, and must receive at least 90 days' notice if the new owner intends to discontinue the ADU's use for rental purposes.

That notice requirement must itself be written into the lease agreement given to the tenant. Together these provisions steer Greenburgh's ADU stock toward stable, longer-term occupancy rather than short-term or vacation rentals, consistent with the Town's owner-occupancy and single-family-character goals for the program.

Violations & Fines

Leasing an ADU for under a year, or assigning a broken lease's remaining term to a new tenant, is a violation of § 285-36(O) subject to revocation of the ADU special permit and a fine of not less than $1,000 under § 285-36(O)(19). Owners must also certify compliance annually by January 10 via sworn affidavit to the Building Inspector.

Frequently Asked Questions

Can I rent out my Greenburgh ADU short-term?
No. Code § 285-36(O)(7) requires every ADU lease to run at least one year, which rules out short-term or vacation rentals of the unit.
What if my ADU tenant breaks the lease early?
The property owner cannot assign the remaining term of a broken or terminated lease to a new tenant under § 285-36(O)(7); a fresh lease must still meet the one-year minimum.
If the house with the ADU is sold, does the existing tenant have to leave immediately?
No. Under § 285-36(O)(14), the tenant may remain through the end of their current lease term, up to 12 months, and must get at least 90 days' notice if the new owner plans to stop renting the ADU.

Sources & Official References

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