Accessory Structures in Albany, NY (2026)
4 verified accessory structures rules for Albany, New York, sourced directly from the municipal code and official government pages.
Verified from official government sources
ADU Rules
Albany allows one accessory dwelling unit per single-unit lot, but the property owner must live in the primary or accessory unit and recertify occupancy with the Department of Buildings and Regulatory Compliance every two years.
Albany ADU Rules: Owner-Occupancy & 800-SF Cap
Some RestrictionsAlbany City Code § 375-303(6)(a)(ii), (vi)
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. ... An accessory dwelling unit shall not exceed 800 square feet of gross floor area.
ADU Owner Occupancy
Albany requires the owner of a lot with an accessory dwelling unit to live in either the primary home or the ADU as their primary residence, and to certify that occupancy every two years.
Albany ADU Owner-Occupancy Rule
Some RestrictionsAlbany City Code § 375-303(6)(a)(ii)
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. (iii) 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 u...
ADU Rental Restrictions
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.
Albany ADU Owner-Occupancy & No Short-Term Rental
Significant RestrictionsAlbany City Code § 375-303(6)(a)
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 i...
Shed & Carport Rules
Sheds in Albany are regulated as accessory structures under the Unified Sustainable Development Ordinance (USDO), Chapter 375 of the City Code. In residential zoning districts a shed may be no larger than 200 square feet, must be set back at least 2 feet from side and rear lot lines, and must observe the front-yard setback that applies to the principal structure. A City of Albany building permit is required before constructing a new accessory structure or replacing an existing one. New York State separately exempts one-story detached storage sheds 144 sf and smaller from a state building permit under 19 NYCRR §1203.3(a)(1), but that exemption is opt-in by the local code-enforcement program and does not override the local zoning permit Albany requires.
Albany Shed Rules (USDO Ch. 375 + NYS Residential Code)
Some RestrictionsAlbany Planning Department FAQ — Accessory Structures
Sheds in residential zoning districts can be no larger than 200 square feet. Accessory structures like carports and garages must comply with setback requirements—a minimum of 2 feet from side and rear lot lines—and must adhere to impervious lot coverage standards for the relevant zoning district.
Looking for Albany County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Albany city rules.
Accessory Structures in Albany County →