ADU · Albany County
Can you build an ADU in Albany, NY?
City of Albany has 25 districts. 16 districts allow ADUs with occupancy restrictions, 3 do not. 6 districts have incomplete data - verify with the building department at (518) 434-5165. Check your address to confirm the district that applies to your parcel:
What the Albany code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Residential, Single-Family, Medium Density | — | 0 / 10 / 20 ft | — | No |
| Residential, Single-Family, Medium Density | — | 10 / 15 / 40 ft | — | No |
| Residential, Single-Family, Medium Density | — | — | — | No |
| Residential, Two-Family | 0.052 ac | 10 / 3 / - ft | — | Occupancy restricted |
| Albany Colonie Inermunicipal Overlay | — | — | — | — |
| Residential, Single-Family, Medium Density | — | - / 0 / 0 ft | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | 0.08 ac | 15 / 3 / 25 ft | — | Occupancy restricted |
| Archaeological Resources Overlay | — | — | — | — |
| Combined Sewer Overlay | — | — | — | — |
| Flood Plain Overlay | — | — | — | — |
| Historic Resources Overlay | — | — | — | — |
| Residential, Single-Family, Medium Density | — | - / 10 / 20 ft | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | - / 0 / 0 ft | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | - / 0 / 0 ft | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | - / 0 / 0 ft | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | — | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | — | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | — | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | — | — | Occupancy restricted |
| Residential, Single-Family, Medium Density | — | 0 / 3 / 0 ft | — | Occupancy restricted |
| Normans Kill Overlay | — | — | — | — |
| Residential, Single-Family, Medium Density | 0.149 ac | 25 / 5 / 40 ft | — | Occupancy restricted |
| Residential, Multi-Family | — | 0 / 0 / 15 ft | — | Occupancy restricted |
| Residential, Townhouse | 0.026 ac | 0 / 0 / - ft | — | Occupancy restricted |
| Residential, Village | — | 10 / 15 / 20 ft | — | Occupancy restricted |
ADUs vs. short-term rentals in Albany
Short-term rentals allowed with local rules for City of Albany. Local Law F of 2023 amending Chapter 231 (Housing) requires an annual STR permit from the Dept. of Buildings & Regulatory Compliance. Active registration confirmed at albanyny.gov. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.026–0.149 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(518) 434-5165
- Last reviewed2026-07-08
ADU FAQ — Albany, NY
Are ADUs allowed in Albany, NY?
City of Albany has 25 districts. 16 districts allow ADUs with occupancy restrictions, 3 do not. 6 districts have incomplete data - verify with the building department at (518) 434-5165. Check your address with the free ADU checker.
Do I need a special permit for an ADU in Albany?
No district in City of Albany requires a special-use permit for an ADU - 16 districts allow ADUs with occupancy restrictions, 3 do not. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Albany?
Short-term rentals allowed with local rules for City of Albany. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Albany
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $195k–260k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Albany, priced by size.
More on Albany: Full zoning for new construction · ADU build cost · House build cost · All Albany County towns
ADU information for City of Albany is compiled from the municipal code (last reviewed 2026-07-08) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (518) 434-5165 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.