ADU rules in Albany County, NY — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
No Albany County ADU ordinance. State ADU legislation proposed but not enacted. ADU permissions vary by town: Bethlehem and Guilderland allow accessory apartments; rural towns more restrictive.
Albany County has no countywide ADU ordinance and defers accessory dwelling unit regulation to its member municipalities. New York State has no statewide ADU preemption law; Senate Bill S5172A was proposed but has not passed as of early 2026. Bethlehem permits accessory apartments in single-family districts with owner occupancy, minimum and maximum floor area requirements, and site plan review. Guilderland permits accessory apartments subject to special use permit and parking standards. Colonie allows ADUs in specified residential zones with similar conditions. The City of Albany permits two-family conversion in certain residential districts. Cohoes and Watervliet historically restrict ADUs in single-family zones. Rural Hilltowns (Berne, Knox, Rensselaerville) typically allow farm worker housing but may restrict general ADUs. All require town building permits and must meet Uniform Code.
Unpermitted ADUs typically trigger stop-work orders, 100 to 500 dollars per day fines, and potential removal. Unregistered rental apartments can also violate local rental registry laws.
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See how Albany County's adu rules rules stack up against other locations.
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