Accessory dwelling units were among the most eagerly anticipated elements of Mayor Eric Adams’ overhaul of the city’s zoning code to spur housing production finalized late last year.
But when it comes to the newly legalized ADUs — the garage, backyard, basement and attic apartments adjoining one-and two-family houses — his “City of Yes” is more like the City of Not Yet.
THE CITY followed up on permits that showed five new homes under construction as part of three projects on Staten Island that include apartments in the basements, taking advantage of the new zoning code’s flexibility.
The Department of Buildings had approved all three permit applications this winter. But after THE CITY contacted the department to find out more, an agency spokesperson says that all three projects are now undergoing audits.
DOB said it isn’t approving ADUs now because the laws governing ADUs and basement apartments don’t go into effect until June 16. Meanwhile, some related regulations from city agencies have yet to emerge.
Staten Island property owners and developers are eager to build ADUs, architects and expediters said — and frustrated that after the fanfare and permit approvals, the units are on hold.
“I’m befuddled over here,” said one architect whose ADU project is the subject of an audit. “I can’t believe how this played out. It can’t be simple.”
Howard Slatkin, executive director of the Citizens Housing and Planning Council, chalked up the glitches with ADU permits as “the growing pains of implementation of a very large zoning change.”
Stuck Midway
Adams touted City of Yes as a way to unleash new housing, especially in neighborhoods without many apartment buildings and that generally restricted many kinds of development.
Elected officials representing Staten Island were staunchly opposed to the zoning change, which ushered in new housing in neighborhoods where only one- and two-family homes had previously been permitted. ADUs open up many new possibilities: a property can accommodate multigenerational families, or allow a homeowner to rent out a space as a source of income. It’s a way of adding a bit more housing to new or existing homes.
Developers of a residential development in Staten Island filed permits for an accessory dwelling unit, May 12, 2025. Credit: Samantha Maldonado/THE CITY
ADUs have shown promise to boost housing elsewhere. California, for instance, has permitted over 100,000 ADUs since 2018, with nearly 68,5000 completed — accounting for about 13% of all housing built in the state in that period.
In legalizing ADUs as part of the City of Yes, New York prohibited ADUs in flood-prone areas and historic districts, as well as for rowhomes.
Before the DOB will permit ADUs, several city agencies need to make rules to regulate them. The Department of Environmental Protection, for example, has to come up with maps showing flood-prone areas so it’s clear where basement apartments can’t go.
So how did DOB approve the permits for the three projects in Staten Island, which all included ADUs?
Each one applied for its permits through a streamlined review process, which enables applicants to self-certify that the projects comply with zoning, code and other regulations. DOB typically approves these applications within 24 hours, relying “on the integrity of the community of New York State licensed architects and engineers,” according to a spokesperson.
But upon closer look, the DOB found the three projects were not in full compliance with current regulations, and required applicants to change the filings. If they do not submit code-compliant paperwork, the department warned them, they could be faced with a stop-work order on the in-progress projects.
The architect who spoke with THE CITY was confused, since the City of Yes updated the zoning in 2024. He’d filed his application and began building without a problem. He said he didn’t realize there was more to the program before he’d be able to build a house with an ADU, and now fears getting a stop-work order. He could eliminate the ADU to comply with current regulations, or wait for the new program to take effect.
“Everything is in limbo,” the architect said. “I can’t move forward, nor can I amend my plans to go backward because that might be wasted effort.”
The architects and developers associated with the other projects declined to comment or did not return calls. All of the projects are in the construction process.
On the island’s South Shore, bordering a lush park, one of the three projects is located on a secluded street lined with stately homes on large lots. On a recent visit, the frame was nearly complete for a massive, one-family home with an ADU along with an attached one-car garage.
A construction worker at the site told THE CITY there would be a one-bedroom apartment in the basement with its own entrance on the side of the house.
Almost six miles north, in the neighborhood of Travis-Chelsea, a row of three skinny, detached homes stand where just one house had stood previously. The three homes, each with a peaked roof, match many others in the neighborhood. Plans for the new homes showed that each will include a basement apartment in addition to the main house upstairs.
The same is true for a third project on a quiet block with many Cape-style homes in Great Kills. A foundation in progress is surrounded by green fencing.
Popular Demand
Despite the local resistance to City of Yes opening the doors to ADUs, Staten Island appears to be fertile ground for the small apartments. An expeditor — a professional who leads projects through the DOB’s process — told THE CITY she had heard from a few Staten Island homeowners interested in adding an ADU to their homes, and multiple architects indicated they had been fielding inquiries about ADUs from local developers ever since City of Yes passed.
“I’ve never seen news travel so fast,” a Staten Island-based architect said. “Now I can put more house on a piece of property. I don’t have to worry about providing all the parking for it.”
Developers of a residential development in Staten Island filed permits for an accessory dwelling unit, May 12, 2025. Credit: Samantha Maldonado/THE CITY
Under City of Yes, one- and two-family houses that add an ADU are still considered single and two-family houses — rather than new two- and three-family homes — and do not have to include additional parking.
Chris Goldammer, a researcher developing an online zoning information platform and who alerted THE CITY to one of the permitted projects, said he’s not surprised to see ADUs pop up in Staten Island, given the space and types of houses there.
“Staten Island will be a big driver of it. Manhattan will be basically zero,” he said. “ADUs will basically fit into the most suburban neighborhoods.”
Meanwhile, the city Department of Housing Preservation and Development is standing up a loan program to help about 35 lower-income homeowners afford to add ADUs to their properties. HPD officials said more than 2,800 households across all boroughs — mostly from Staten Island, Queens and The Bronx — expressed interest in the program. HPD has yet to make any loans, but plans to start this year, according to a spokesperson.
It remains to be seen if ADUs will, following California’s lead, become a meaningful piece of New York City’s housing stock.
“This is an important moment,” said Marcel Negret, director of land use at the Regional Plan Association. “These first years will determine whether the framework, as is, works or doesn’t — and you need to rethink or make tweaks to it — and whether ADUs have a future in New York City or not.”
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