NYC Makes It Easier to Build Backyard and Basement Apartments

Homeowners can now apply to build Accessory Dwelling Units (ADUs) thanks to the City of Yes legislation, the citywide zoning overhaul passed in December 2024. This plan can allow more than 82,000 new homes over the next 15 years with AUDs potentially being 40% of that total.

There are a few major restrictions, however: no ground-floor or basement ADUs in flood-prone areas, no backyard ADUs in certain low-rise districts, and a one-story limit on all ADUs.

City Planning Director Dan Garodnick emphasized that “ADUs are a proven housing solution across the country, and now, homeowners in New York will have the opportunity to add one to their property right here in the five boroughs.”

While backyard and basement apartments already exist in many neighborhoods, most were unpermitted and had saftey issues. Previously, building one legally required navigating waivers or zoning changes.

At the same time, the city has been slow to implement a separate law that would let homeowners bring existing illegal basement units up to code. Although that program officially began in June, officials admit it is still not operational.

For Astoria and neighborhoods across Queens, ADUs could bring new housing opportunities — but the impact will depend on how the city enforces safety measures and how quickly programs are rolled out.

You can read more in a recent Crains here or see the City’s press release.