Garage conversion rules in Albany, NY — sometimes called garage-to-ADU or accessory living unit conversions — govern permits, ceiling height, egress, and parking replacement.
Garage conversion to habitable space requires building permit, egress compliance, insulation to NY Energy Code, and Certificate of Occupancy amendment. Town building department approval required.
Converting a garage to habitable living space is a change of use under the NYS Residential Code and requires a full building permit from the town or city building department. Required upgrades: thermal envelope insulation meeting 2020 NYS Energy Conservation Construction Code (R-49 attic, R-20 walls in Climate Zone 5A which covers Albany County); raised or insulated slab floor; egress window in every bedroom (5.7 sq ft opening, 20 in wide, 24 in tall, sill max 44 in above floor); smoke and CO alarms per Amanda's Law; GFCI/AFCI outlets per 2020 NEC; HVAC extension with separate thermostat; fire separation to attached house (5/8 in Type X drywall on shared wall and ceiling). A Certificate of Occupancy amendment is required after final inspection. In City of Albany, conversion to a legal accessory apartment (ADU) additionally requires site plan review and compliance with Zoning Code Chapter 375 (owner-occupancy, one ADU per lot, parking requirements). Town of Bethlehem allows accessory apartments by special permit. Converting a garage to an illegal apartment triggers Housing Court action, rental license denial, and requires restoration to legal garage or permit compliance. Off-street parking must be replaced if the garage provided required parking.
Unpermitted garage conversion: $500-$2,500 fine plus retroactive permit fees. Illegal rental (no CO amendment): rental license denial, tenant relocation costs, and triple damages under some city codes.
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