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πŸ—οΈ Accessory Structures/ADU Rental Restrictions

ADU Rental Restrictions: Albany vs Colonie

How do adu rental restrictions rules compare between Albany, NY and Colonie, NY?

Albany, NY

Albany County

Heavy Restrictions

The Albany USDO (Chapter 375), as amended September 8, 2025, expressly prohibits offering either the primary or accessory dwelling unit on a lot containing an ADU for rent by guests for less than 30 consecutive days where the unit is offered for tourist or transient use. Long-term rentals (30+ days) of the ADU are permitted but the property owner must continue to occupy one of the two units, and the rental unit must register with Albany's Rental Dwelling Registry (Chapter 231). New York has no statewide rent control on small one-to-three-unit owner-occupied properties; statewide rent stabilization (ETPA) does not generally apply to Albany.

View full Albany rules β†’

Colonie, NY

Albany County

No data available yet for Colonie.

Key Facts Comparison

FactAlbanyColonie
Long-Term RentalAllowed (owner must occupy 1 of 2 units)-
Short-Term RentalProhibited on ADU-bearing lots (<30 days)-
Rental RegistryAlbany Code Chapter 231 (24-month cycles)-
Tenant ProtectionsNY HSTPA 2019 + RPL Β§235-b habitability-
Security Deposit Cap1 month (NY HSTPA 2019)-
Source of IncomeProtected class (NY Executive Law 15)-

Highlighted rows indicate differences between cities.

Albany FAQ

Can I rent my ADU on Airbnb in Albany?

No. The September 2025 USDO amendment expressly prohibits offering either the primary or accessory unit on an ADU-bearing lot for rent to guests for less than 30 consecutive days where the unit is offered for tourist or transient use. This is one of the few express STR prohibitions in Albany's zoning code. Long-term rentals (30+ days) are permitted, provided the owner occupies one of the two units and the rented unit registers under Chapter 231.

What rental rules apply to a long-term ADU tenant?

The rented unit must register under Albany Code Chapter 231 (Residential Occupancy Permit and Rental Dwelling Registry) in 24-month cycles, with fees and exterior code inspections. The New York Housing Stability and Tenant Protection Act of 2019 caps security deposits at one month's rent, prohibits application fees over $20, and requires written 30/60/90-day notice of non-renewal depending on tenancy length. Real Property Law Β§235-b imposes the implied warranty of habitability. Source-of-income discrimination is prohibited under New York Executive Law Article 15.

Colonie FAQ

No FAQs available.

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