Staten Island has more single-family homes than any other borough in New York City. For decades, that’s meant one thing zoning-wise: one house per lot, period. That changed in December 2024 when the City Council passed the City of Yes for Housing Opportunity plan — and the most consequential piece of that change for Staten Island homeowners is now moving into implementation.
Starting June 16, 2026, the Department of Buildings will begin processing applications for Accessory Dwelling Units (ADUs) under the new zoning rules. If you own a home on Staten Island and have a basement, a garage, or a backyard with space for a small structure, this policy change is directly relevant to you.
What Is an ADU and What Does the New Zoning Allow?
An Accessory Dwelling Unit is a secondary living space on the same lot as a primary home. Think: a finished basement apartment, a garage converted to a studio, or a backyard cottage. Until the City of Yes passed, most of Staten Island’s single-family and two-family zones did not permit these units at all. Now they do, citywide.
The new rules allow homeowners to create ADUs in basements, cellars (with some restrictions), attached and detached garages, and new small structures in backyards. The maximum size for an ADU is 800 square feet, or up to 35% of the primary dwelling’s floor area — whichever is less. ADUs do not require adding new parking spaces, which removes one of the biggest practical obstacles for properties with limited lot coverage.
There’s one firm eligibility condition: the property owner must live in either the primary dwelling or the ADU. This is an owner-occupancy requirement, not an investor program. The city’s goal is to help homeowners generate rental income while creating new housing for renters — not to enable bulk real estate conversion.
The Staten Island Context
Staten Island’s local electeds were among the most vocal opponents of the City of Yes. Borough President Vito Fossella and several City Council members representing the Island pushed back hard against density increases in low-density residential neighborhoods. The concern: that allowing ADUs in single-family zones would change the character of neighborhoods that people specifically chose for their relative quiet and space.
Those concerns didn’t stop the policy from passing — it was a citywide vote and the Council approved it. But they do reflect a real tension on the ground in neighborhoods like Great Kills, Tottenville, Annadale, and Eltingville, where the lots are large enough to accommodate a backyard ADU but where community sentiment has been resistant.
For homeowners who want to move forward, the South Shore neighborhoods with larger lots are actually well-positioned from a physical standpoint. A legal ADU in a South Shore neighborhood can generate meaningful rental income — an important consideration on an island where property taxes and maintenance costs for single-family homes are significant.
What’s Not Allowed
There are important restrictions. Basement and cellar ADUs are not permitted in high flood risk areas — a significant exclusion for parts of Staten Island that were impacted by Hurricane Sandy and remain in FEMA flood zones. Before starting any ADU application for a below-grade unit, homeowners should verify their flood zone status through the NYC Flood Map or FEMA’s Flood Map Service Center.
Additionally, the ADU rules do not apply to properties in certain special purpose districts with their own restrictions. If you’re in an area with deed restrictions, HOA covenants, or specific special district overlays, those constraints layer on top of the zoning change.
Financing: The Plus One ADU Program Is Open
Mayor Mamdani’s administration reopened financing for ADU construction in March 2026 through the Plus One ADU Program — a city-backed loan program that had been paused for two years. The first call for applications drew approximately 2,800 homeowners, with Staten Island, Queens, and the Bronx showing the highest interest. If you want to build an ADU but don’t have the capital, this program is worth investigating.
What You Need to Know
- ADU applications can be filed with DOB starting June 16, 2026
- Eligible units: basement apartments, garage conversions, backyard structures
- Maximum ADU size: 800 sq. ft. or 35% of primary dwelling floor area
- No new parking required for an ADU
- Owner-occupancy required: you must live on the property
- Flood zone restriction: basement/cellar ADUs not allowed in high flood risk areas — check your zone before planning
- Special districts may have additional restrictions
- Plus One ADU Program (city financing) is open — check NYC HPD for current application status
- Source: NYC Department of Buildings — ADU page
If you’re thinking about the financial side of owning property in NYC, the J-51 R property tax abatement is also sunsetting in June 2026 — another policy shift affecting property owners citywide. And if you’re weighing the cost math of living on Staten Island versus other boroughs, our coverage of NYC housing costs is a useful reference point.
