Call them “granny flats” or call them “casitas,” they might be coming to New York soon. As the City Council prepares for a full vote on Mayor Eric Adams’ City Of Yes housing plan, one of the greatest sources of friction so far has been the provision legalizing accessory dwelling units. ADUs are spaces on properties of single-family homes converted to fully livable housing, like garages, basements, attics, or backyard cottages. New York City’s proposed change in policy follows other large cities like Los Angeles, which has taken advantage of a series of statewide measures adopted since 2017 to such an extent that the city now has around half of all ADUs built in the state. As the city continues to struggle through an affordability crisis due in large part to lack of housing to meet demand, ADUs are considered an important tool to increase housing supply and ease pressure on sky-high rents.
The conditions under which this form of housing would be permitted in New York City has been debated in local government ahead this week’s vote in the City Council. The mayor’s office wanted to allow two-story structures with a maximum of 800 square feet, but the city’s legislative body negotiated that down to a single floor, unless the structure is above parking. Backyard units have been stripped from the plan as well in single family zoning districts and historic districts, unless the property is close to public transportation. The plan also requires homeowners to live on the property.
Some members of the City Council from outer boroughs that have the most single-family homes are deeply opposed to the changed zoning rules allowing for ADUs, calling them “treehouses.” Vickie Paladino, a Republican councilmember from Queens, called the plan overall a “calculated effort to destroy the character of our districts.”
There was, however broad agreement on restrictions to ground-floor and basement-level units in coastal areas and others that could be prone to flooding. In 2021, at least 11 people died in illegally converted basements across Brooklyn and Queens due to flooding from Hurricane Ida.
Officials at the Department of City planning estimate that the original plan would have created 40,000 ADUs over 15 years, as part of an overall initiative that was estimated to add 109,000 new homes in the same period, while the deal ultimately negotiated with legislators have dropped that down to around 20,000 ADUs in a total of 80,000 new homes. Those who choose to adopt this form of extra housing on their property would also be eligible for a property tax break of up to $200,000 granted by the state, and the city is planning other incentives to facilitate their construction. Despite the new zoning rules and incentives, this still puts the city well short of the 50,000 new units that the mayor says the city needs every single year.
The City Council will put the negotiated plan to a vote on December 5th.
