ADU Owner Occupancy: Albany vs Colonie
How do adu owner occupancy rules compare between Albany, NY and Colonie, NY?
Albany, NY
Albany County
The Albany USDO (Chapter 375), as amended September 8, 2025, explicitly requires the property owner of any lot containing an accessory dwelling unit to occupy either the primary or accessory dwelling unit as their primary residence and to certify such occupancy biennially with the Department of Buildings and Regulatory Compliance. This is one of the most explicit owner-occupancy mandates among New York mid-sized cities and materially constrains pure investor conversion. The use is also restricted to lots with a single-unit dwelling, and no more than two dwelling structures may be permitted on the lot.
View full Albany rules →Colonie, NY
Albany County
No data available yet for Colonie.
Key Facts Comparison
| Fact | Albany | Colonie |
|---|---|---|
| Owner-Occupancy | Required by USDO (one of two units) | - |
| Certification Cycle | Biennial (every 24 months) | - |
| Certifying Authority | Dept. of Buildings & Regulatory Compliance | - |
| STR Cap | No <30-day rentals either unit | - |
| State Preemption | None (New York home rule) | - |
| Rental Registry | Required if both units rented (Ch. 231) | - |
Highlighted rows indicate differences between cities.
Albany FAQ
Do I have to live on-site to operate an ADU in Albany?
Yes. The September 2025 USDO amendment requires the property owner to occupy either the primary or accessory dwelling unit as a primary residence and to certify this biennially with the Department of Buildings and Regulatory Compliance. The owner may choose which unit to occupy. The rule runs with the land as a use standard and is enforceable under USDO §375-5, with possible revocation of the ADU approval if the owner moves out and rents both units.
Can New York State preempt Albany's owner-occupancy rule?
Not under current law. New York has not enacted statewide ADU preemption analogous to California AB 671 or Washington HB 1337. Several bills have been introduced (including statewide ADU enabling legislation in recent sessions), but none has passed as of this writing. Under home rule and the New York Municipal Home Rule Law, zoning authority rests with the city. Private CC&Rs under New York Real Property Law may impose additional owner-occupancy restrictions in some Albany neighborhoods.
Colonie FAQ
No FAQs available.
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