An accessory dwelling unit in New York City is designed for permanent occupancy and follows the City’s short-term-rental rules for housing units. The answer depends on who lives in the unit and where the host stays. The owner of a home cannot live in the main dwelling and use a separate ADU to host short-term renters.
Owner and tenant situations are different
The NYC Office of Special Enforcement says a permanent tenant of an ADU may be able to obtain a short-term-rental registration. Once registered, the permanent occupant may host up to two guests who stay with the host in the same unit. This is a same-unit hosting rule: it does not permit the tenant to rent out the entire ADU while living elsewhere, or the owner to host guests in the ADU while remaining in the main home.
For one- and two-family homes, the City describes the same basic boundary: a permanent occupant may register and host up to two guests staying with them in the unit, while short-term rentals of an entire unit are illegal. Registration and the host’s permanent occupancy are central to this distinction. A short stay is not converted into a permitted use simply because the unit is a lawful ADU or because its owner lives somewhere on the property.
Check the address and registration conditions
Before advertising a stay, verify that the ADU is legally established for permanent occupancy, identify the building’s legal occupancy classification, and check the current Office of Special Enforcement registration requirements. Confirm who will be the permanent host and where that person will stay. Review the lease and building-specific restrictions as well; a tenant’s ability to apply for registration does not amend the lease or establish that a particular ADU has all required approvals.
The City’s FAQ describes general rules and possible tenant registration, not approval of an individual address. Check the current registration page and Department of Buildings ADU information, and contact the relevant City office if the home’s occupancy classification or ADU status is unclear. Keep long-term tenancy, ADU legalization, and short-term-rental registration as separate checks.