For the first time in generations, New York City has legalized an entirely new kind of home — the Accessory Dwelling Unit, or ADU. For homeowners across the five boroughs, it is one of the most consequential zoning changes in decades, and it opens a real path to add rental income, house family, or age in place.

What changed, in plain terms

In December 2024, the City Council adopted City of Yes for Housing Opportunity, along with Local Laws 126 and 127. Together they made it legal — with conditions — to add a second, self-contained home on the same lot as a one- or two-family house. The Department of Buildings began accepting ADU applications through DOB NOW: Build in the fall of 2025, and in March 2026 the City reopened financing and published a library of pre-approved plans. The pieces are now in place.

What actually counts as an ADU

An ADU is a complete second home — its own kitchen, its own bathroom, its own entrance — of up to 800 square feet, on the same lot as your house. Only one is allowed per lot, and it can take one of four basic forms:

The City also eliminated the old requirement to add an off-street parking space for the new unit. Whatever the type, a detached unit has to thread a handful of zoning dimensions — here is the basic geometry:

The reality check: who actually qualifies

This is where a headline and a permit part ways. Independent analyses estimate that only about 12% of the city's one- and two-family lots will meet every zoning, lot-size, and dimensional requirement. A few of the rules that matter most:

• Zoning. ADUs are allowed in lower-density residential districts (R1–R5), but several contextual districts and historic districts do not permit detached units.
• Owner-occupancy. You — or a family member — must live in either the main house or the ADU.
• Flood risk. Basement and cellar ADUs are not permitted in FEMA, coastal, or 10-year-rainfall flood-risk areas — a real constraint in parts of the city.
• Dimensions. The unit is capped at 800 sq ft, and a detached structure cannot cover more than a third of your required rear yard.

Before you fall in love with a backyard cottage, the first step is a property-specific feasibility check.

The financing: Plus One ADU and “ADU for You”

In March 2026 the City reopened the Plus One ADU program, which offers qualified homeowners up to $395,000 in combined help — a $175,000 grant that does not have to be repaid, plus a low-interest loan. Eligibility is based on household income (at or below 165% of Area Median Income). The City also launched ADU for You, a homeowner toolkit with a guidebook, cost and feasibility tools, and a library of pre-approved, DOB-reviewed plans that can shorten the permitting timeline.

How we can help

This is exactly the kind of work our practice is built for — design and regulation, together. We can:

• Run a feasibility and eligibility check on your specific lot
• Design a unit that fits your property, or adapt a pre-approved plan
• Prepare and file the drawings through DOB NOW
• Coordinate with the agencies and carry the project through to sign-off

We also handle the legalization of existing basement or cellar units where the rules now allow it.

If you have wondered whether your property could support an ADU, we would be glad to take a look.

This article is general information, not legal advice, and the ADU rules and funding programs continue to change. Verify the current requirements and your property's specific eligibility before making decisions.

Most people first hear the words “open violation” from a title company, weeks before a closing. But clearing violations is not only about selling or refinancing. An open Department of Buildings violation accrues penalties, blocks your next permit, and — left alone — can escalate from a notice into a court matter. Whatever the reason it landed on your property, there is almost always a defined path to clear it.

First, what a violation actually is

The Department of Buildings issues violations when a property or a piece of work falls out of compliance with the Construction Codes, the Zoning Resolution, or the Electrical Code. They generally travel on one of two tracks, and knowing which one you are on determines how it clears:

DOB also assigns each violation a hazard class, which drives the urgency and the penalty:

The violations we clear most often

Different violations, different paperwork. Here are the five we see most, and what it takes to close each one.

Cellar & basement violations

The most common lower-level violation is occupancy the space isn't legally permitted for — a cellar rented as an apartment, or a basement used for sleeping without legal light, air, ceiling height, and a second means of egress. The distinction is not casual: a cellar has more than half its height below curb level and generally cannot be living or sleeping space; a basement has more than half its height above curb level and sometimes can.

How it clears: either restore the space to its legal use and certify the correction, or — where the geometry and zoning allow — file to legalize the unit and amend the Certificate of Occupancy. Which is realistic comes down to the survey, not the wish.

Stop Work Order

A Stop Work Order (SWO) halts construction, either fully or partially, when DOB finds unsafe conditions or work outside an approved permit. Performing work while an order is active is itself an immediately hazardous violation with its own steep penalty, so the order comes first.

How it clears: correct the condition that triggered the order, pay the SWO penalty, request a re-inspection, and obtain a formal rescission from DOB before any further work resumes.

Work without a permit

Finished work that should have been permitted — a converted garage, a rear extension, plumbing or a bathroom added quietly — leaves a gap between what exists and what the record shows. The fix is legalization: file the work as-built, get it approved, and pay the civil penalty (a multiple of what the permit fee would have been).

How it clears: a licensed professional documents the existing conditions, files an application to legalize, corrects anything that fails to meet code, and carries it through DOB approval and sign-off.

Illegal conversions — legalizing work already done

An illegal conversion is a dwelling used for more units than it is legally certified for — a two-family run as a three-family, an attic or cellar turned into a separate apartment. These are among the most serious violations DOB issues, and they carry the heaviest daily penalties.

How it clears: if zoning, egress, and occupancy allow, file to legalize the additional unit and amend the Certificate of Occupancy. If they do not, the path is to restore the building to its legal configuration and certify that correction. We start every one of these with a feasibility check so the direction is clear before money is spent.

Boiler violations

Owners of buildings with regulated boilers must file an annual inspection report. The two common violations are a failure to file the report on time and a defect found during inspection that goes uncorrected. Both accrue penalties until resolved.

How it clears: have the boiler inspected by a licensed inspector, correct any defects, file the (or a subsequent) inspection report, and pay the associated late or civil penalty.

The path to dismissal

The specifics vary by violation type, but nearly every clearance moves through the same five stages:

When a violation specialist is the right call

Some situations are less about design and more about pure violation removal and expediting — a stack of old ECB summonses, penalty negotiation, or an OATH hearing to fight. For that focused work we partner with a firm that specializes exclusively in DOB violation removal, so your matter is handled by the right hands from the start.

How we can help

Our practice pairs design with regulation, which is exactly what most violations require. We can:

• Pull and read the full violation history on your property
• Run a feasibility check on whether a lower-level unit or conversion can be legalized
• Prepare and file as-built and correction applications through DOB NOW
• Coordinate inspections, penalties, and sign-off through to dismissal

If a violation has surfaced on your property — at a closing or otherwise — we would be glad to look at the record and lay out your options.

This article is general information, not legal advice, and DOB rules, penalties, and procedures change. Verify the current requirements and your property's specific situation before making decisions. For official guidance, see the NYC Department of Buildings’ DOB Violations page at nyc.gov/buildings.