Hackensack, NJ Accessory Structures: ADU Rental Restrictions (2026)
Key Facts
- ADUs permitted
- No, banned in every zoning district
- Governing section
- City Code § 175-10.1.A(1)
- Roomers/boarders instead
- 2 max in one-family home
- Max fine
- $1,250, or 90 days jail
Summary
Hackensack does not allow accessory dwelling units at all. Article X of the zoning code, Section 175-10.1, lists accessory dwellings among the uses that are not permitted, accessory, or conditional in any zoning district in the city, so there is no legal path to create or rent one.
§ 175-10.1. Uses specifically prohibited. ... The uses listed in this article are not permitted, accessory or conditional uses and are prohibited in all zone districts in the City of Hackensack. This list is not exhaustive of all uses that are prohibited. ... Accessory dwellings.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).
Full Breakdown
' Because the ban sits in the citywide prohibited-uses article rather than a district-specific table, it applies uniformly across every residential and mixed-use zone, not just the low-density R zones, and the code does not carve out an exception for owner-occupancy, family members, or affordable-housing purposes. 2, since the Chief Building Inspector may issue those only for a use permitted by the chapter. L permits a limited number of roomers or boarders within an existing dwelling, two in a one-family home and one in a two-family home, which is a lodger arrangement inside the existing unit, not a self-contained accessory dwelling. Any actual boarding house use is instead pushed to Chapter 66, Boarding and Rooming Houses, which governs separately from the accessory-dwelling ban.
Violations & Fines
Violations of the prohibited-use list are enforced under Section 175-3.6 the same as any other zoning violation: a fine of up to $1,250, imprisonment of up to 90 days, or both, on conviction, with each day the illegal unit exists treated as a separate offense. The Zoning Officer investigates written complaints and may pursue legal action to abate an unpermitted accessory dwelling under Section 175-3.6.E.
Frequently Asked Questions
Can I build an in-law suite or backyard cottage in Hackensack?
Can I rent out an existing basement apartment instead?
What happens if I already built an ADU without approval?
Sources & Official References
Other rules in Hackensack
Compare Hackensack to another location·View the New Jersey accessory structures overview
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