NYC Proposes New Safety Rules For Basement, Backyard Apartments

NEW YORK CITY — New York City officials and the Department of Housing Preservation & Development (HPD) recently released new proposed rules and guidelines for building ancillary dwelling units (ADUs)

The proposed rules aim to help make more accessible and Code-complaint ADUs, including basement apartments, cellar apartments, attic apartments, and backyard cottages at existing residential one- and two-family homes throughout the five boroughs.

Officials have said the creation of legal ADUs under the City of Yes housing initiative provides an innovative way to gradually increase housing in neighborhoods throughout the city where denser large-scale housing development is prohibited.

"Our administration is taking an important step toward unlocking thousands of safe, legal homes for New Yorkers,” Mayor Eric Adams said in a statement. “Ancillary dwelling units are a solution to our city’s housing crisis that allow homeowners to create new homes for family members or renters while keeping our neighborhoods vibrant and livable. Through ‘City of Yes,’ we’re giving New Yorkers more housing options, more flexibility, and more opportunity, block by block and borough by borough to make New York City the best place to live and raise a family.”

Proposed rules include the requirement of two exits, water sensors in every room, a ban on ADUs in high-risk flood zones, requiring the property owner to live in one of the apartments, and requiring property owners to post a sign marking ADU entrances if not visible from the street, among others.

“Accessory dwelling units are a proven solution to create much-needed housing, helping older New Yorkers age in place or middle-class homeowners bring in extra income. Ensuring that New Yorkers could access the benefits of ADUs was a critical part of City of Yes,” Dan Garodnick, Director of the Department of City Planning, said. “These new rules are another important step forward to create a little more housing in every neighborhood and address our city’s housing crisis.”

The Department of Buildings will host a virtual public hearing on August 18 at 11 a.m., where residents can comment on proposed rules. Interested participants can register here.

Following review of public comments, the department will publish a final adopted version of the rule later this year.

You can read the full list of proposed rules here.