Straight answers

Are tiny homes legal in New York, and where can you put one?

Yes on a foundation, wherever the local zoning allows a house or an accessory unit that small. The state's residential code adopts the tiny house appendix as part of the code, so a dwelling of 400 square feet or less can be built and permitted as a house wherever the Uniform Code applies. Where it may stand is a separate question. State law gives zoning to each town, village and city, and we found no New York statute that makes them allow a backyard unit. New York City, Albany and Syracuse each allow one accessory unit of up to 800 square feet on an owner-occupied lot. A tiny home on wheels is titled as a trailer, and Albany and Syracuse both bar trailers from use as an accessory dwelling unit.

Figures verified against the sources below · October 2, 2026

01 — The longer answer

What New York State decides, and what your municipality decides

The state code has a tiny house appendix, and it is adopted

The 2025 Uniform Code took effect on 31 December 2025, and building permit applications from that date must comply with it. Its residential volume, the 2025 Residential Code of New York State, is described by its publisher as a custom code based on the 2024 International Residential Code. Section R101.2.1 lists the appendices that have been adopted and made part of the code, and Appendix BB, Tiny Houses, is one of four. It defines a tiny house as a dwelling of 400 square feet or less in floor area excluding lofts, lets a loft ceiling drop below the 6 feet 8 inches required elsewhere, and sets a loft at no less than 35 square feet and 5 feet in any horizontal dimension. Older pages call this Appendix Q, which was its name in the 2020 edition that the 2025 code repealed. In the body of the code the size rule is for rooms: a habitable room of at least 70 square feet and 7 feet in any direction, kitchens excepted. Under Executive Law 383 a city of more than one million people keeps its own building code, so New York City builds to its own.

Zoning is local: the state leaves backyard homes to each municipality

The appendix settles how a tiny house is built. It does not settle where one may stand. Town Law 261 gives a town board the power to regulate the height and size of buildings, the size of yards, the density of population and the location and use of buildings and land, Village Law 7-700 gives a village board the same power, and General City Law 20 lets a city regulate the height, bulk and location of buildings and the uses allowed in each district. A zoning law written under those powers can set a minimum floor area for a house or leave accessory dwellings out of a district entirely. The state's Plus One ADU program is funding, not a right to build: Homes and Community Renewal describes grants to local governments and nonprofits that help owner-occupants add or legalize a unit, depending on the property and what the locality permits.

A factory-built tiny home needs the state's Insignia of Approval

The Department of State requires a factory manufactured building to be constructed to the Uniform Code and to bear an Insignia of Approval issued under 19 NYCRR Part 1209, attached before the unit leaves the factory. The manufacturer must hold a contract with a third-party inspection agency the Department has approved, and that agency reports on every modular unit built for installation in the state. Installation is still permitted and inspected locally, and the unit must meet local height, bulk, area and site development restrictions. One protection is worth knowing: Executive Law 379 lets a local government adopt construction standards stricter than the Uniform Code, except in the case of factory manufactured homes intended as one or two family dwellings. Ask any manufacturer, ours included, whether the model you are buying carries the insignia.

A tiny house on wheels is a trailer

The Department of Motor Vehicles issues a title for a trailer over 999 pounds of model year 1973 or newer, gives lighter or older trailers a transferable registration as proof of ownership, and requires an annual safety inspection. That makes a home on wheels a vehicle you own. Whether anyone may live in it is the municipality's decision, and the two upstate codes we read both say no in a backyard. Syracuse's zoning ordinance says no recreational vehicle, camper, motor home or trailer shall be used for a permanent dwelling unit, and that mobile homes, recreational vehicles and trailers shall not be used as accessory dwelling units. Albany's says mobile homes, trailers, or other wheeled and transportable structures may not be used as an accessory dwelling unit.

New York City: one unit of up to 800 square feet

The City's Department of Buildings defines an ancillary dwelling unit as an additional, self-sufficient dwelling unit not exceeding 800 square feet, allowed in addition to a one- or two-family home. Local Laws 126 and 127 of 2024 took effect on 16 June 2025, and filings opened on 30 September 2025. When the unit is first occupied, the lot must be the primary residence of an owner. A backyard unit, meaning a new structure whose only dwelling is the unit, is prohibited in historic districts, in R1-2A, R2A and R3A districts outside the Greater Transit Zone, in the Special Bay Ridge District and in flood-risk areas. Where it is allowed, a unit in the rear yard may not exceed one story or 15 feet, or two stories and 25 feet above a garage, and a new detached unit must be fully sprinklered and meet building separation and Fire Department access path requirements. Construction follows Appendix U of the City's own codes, not the state's tiny house appendix.

Albany and Syracuse

Albany's Unified Sustainable Development Ordinance allows an accessory dwelling unit as accessory to a single-unit dwelling. The owner must live in one of the two units, the unit may not exceed 800 square feet of gross floor area, a detached unit may not occupy more than 30 percent of the rear yard, and it may not be taller than the main house or 24 feet, whichever is less. Syracuse allows one accessory dwelling unit per lot, only on lots with an owner-occupied single-unit detached house, after minor site plan review. The unit may not exceed 800 square feet or 50 percent of the heated floor area of the main house, and may not have more than one bedroom. Both texts are the editions we read on the date below, so check the current code before designing to it.

A manufactured home in a single-family district

Executive Law 616 says a manufactured home that is affixed to a permanent foundation and conforms with the identical development specifications and standards that apply to site-built single-family houses in the district, including aesthetic and architectural standards, shall be deemed a conforming single-family dwelling under the local zoning law. The statute's definition is a structure built on a permanent chassis that is at least eight body feet wide or forty body feet long when travelling, or 320 square feet when erected, and it excludes any self-propelled recreational vehicle. The section helps a small manufactured home that meets the district's own standards. It does not waive them: section 615 says those standards include access, building setback distance, enclosures and vehicle parking space.

Lists of which New York counties allow tiny homes circulate widely. The zoning statutes we read give that power to towns, villages and cities, so the rule for your land is your municipality's zoning law. The New York guide carries the code in force and the design conditions, with the source for each figure.

02 — Where to go next

The New York state guide Where a tiny home can go in the US Are tiny homes legal in every state?Building codes, state by state How certification works

03 — Sources

Each figure above links to the authority it came from.

New York Department of State, Notice of Adoption: the rule adopted by the Code Council on July 25, 2025 repealed the 2020 edition of the Uniform Code and adopted an updated edition incorporating the 2025 Residential Code of New York State; effective December 31, 2025, from which date building permit applications must comply with the 2025 Uniform Code
dos.ny.gov
2025 Residential Code of New York State, title page (International Code Council): a fully integrated custom code based on the 2024 International Residential Code. Section R101.2.1: Appendix BB, Tiny Houses, is among the appendices adopted and made part of the code. Section R102.7: factory manufactured buildings shall bear an Insignia of Approval issued under 19 NYCRR Part 1209
codes.iccsafe.org
2025 Residential Code of New York State, Appendix BB: a tiny house is a dwelling of 400 square feet or less in floor area excluding lofts (BB102.1); habitable space ceiling height of not less than 6 feet 8 inches, with loft ceilings permitted to be less (BB103.1); lofts of not less than 35 square feet and not less than 5 feet in any horizontal dimension (BB104.1.1, BB104.1.2)
codes.iccsafe.org
2025 Residential Code of New York State, section R312: habitable rooms shall have a floor area of not less than 70 square feet and be not less than 7 feet in any horizontal dimension, kitchens excepted
codes.iccsafe.org
Executive Law 383(1)(c): in cities with a population of over one million the existing building and fire prevention codes continue in force unless the Code Council determines them less stringent than the Uniform Code
nysenate.gov
Town Law 261: the town board may, by local law or ordinance, regulate and restrict the height, number of stories and size of buildings, the size of yards, the density of population, and the location and use of buildings, structures and land, outside the limits of any incorporated village or city
nysenate.gov
Village Law 7-700: the board of trustees of a village may, by local law, regulate and restrict the height, number of stories and size of buildings, the size of yards, the density of population, and the location and use of buildings, structures and land
nysenate.gov
General City Law 20(24) and (25): a city may regulate and limit the height, bulk and location of buildings, the area of yards and the density of population, divide the city into districts, and prescribe for each district the uses for which buildings may not be erected or altered
nysenate.gov
New York State Homes and Community Renewal, Plus One ADU Program: grants to units of local government and not-for-profit organizations to support low- and middle-income single-family homeowner occupants who wish to build a new ADU or improve an existing one; depending on the property and what the locality permits, ADUs may be detached units, basement apartments, garage conversions or other permitted units
hcr.ny.gov
New York Department of State, Factory Manufactured Buildings (Modular): modular buildings must be constructed and installed in accordance with the Uniform Code and State Energy Code and bear an Insignia of Approval issued under 19 NYCRR Part 1209, attached prior to shipment from the factory; installation is subject to local permitting and to local height, bulk, area and site development restrictions; manufacturers must have a contractual agreement with a Department-approved third-party inspection agency, which submits monthly in-plant inspection reports for all modular units built for installation in the State
dos.ny.gov
Executive Law 379(1): except in the case of factory manufactured homes intended for use as one or two family dwelling units or multiple dwellings of not more than two stories, a local government may adopt local laws imposing higher or more restrictive standards for construction than the Uniform Code
nysenate.gov
New York Department of Motor Vehicles, Register a trailer: the DMV issues titles for trailers over 999 lbs, model year 1973 and newer; trailers under 999 lbs or older than model year 1973 are issued a transferable registration as proof of ownership; a trailer must have an annual safety inspection
dmv.ny.gov
City of Syracuse Zoning Ordinance (edition footed September 2025), section 3.4: accessory dwelling units require minor site plan review; one per lot, only on lots with owner-occupied single-unit detached dwellings; no more than one bedroom; gross floor area not to exceed 800 square feet or 50 percent of the heated floor area of the principal structure; mobile homes, recreational vehicles and trailers shall not be used as accessory dwelling units; no recreational vehicle, camper, motor home or trailer shall be used for a permanent dwelling unit
syr.gov
City of Albany Unified Sustainable Development Ordinance, section 375-303(6)(a): an accessory dwelling unit is accessory to a single-unit dwelling; the owner shall occupy either unit as a primary residence; not to exceed 800 square feet of gross floor area; a detached unit shall not occupy more than 30% of the rear yard nor exceed the height of the principal dwelling or 24 feet, whichever is less; mobile homes, trailers, or other wheeled and transportable structures may not be used as an accessory dwelling unit
ecode360.com
New York City Department of Buildings, FAQs: Ancillary Dwelling Units: an ADU is an additional, self-sufficient dwelling unit not exceeding 800 square feet allowed in addition to a one- or two-family home; Local Laws 126 and 127 of 2024 were effective June 16, 2025 and filings began September 30, 2025; at initial occupancy the zoning lot must be the primary residence of an owner; backyard ADUs are prohibited in the Special Bay Ridge District, in R1-2A, R2A and R3A districts outside the Greater Transit Zone, in flood-risk areas and in historic districts; a rear-yard ADU may not exceed 1 story or 15 feet (two stories and 25 feet above a garage); new detached ADUs must be fully sprinklered
nyc.gov
Executive Law 616: a manufactured home affixed to a permanent foundation that conforms with the identical development specification and standards applicable to site-built single-family dwellings in the residential district shall be deemed a conforming single family dwelling for purposes of the local zoning law
nysenate.gov
Executive Law 615 and 601(7): for the single-family dwelling title, identical development specifications and standards includes access, building setback distance, enclosures and vehicle parking space, and manufactured home has the meaning in section 601(7): a structure, transportable in one or more sections, eight body feet or more in width or forty body feet or more in length in the traveling mode, or 320 or more square feet when erected on site, built on a permanent chassis and designed to be used as a dwelling; the term does not include any self-propelled recreational vehicle
nysenate.gov

04 — Related questions

Where can you put a tiny home in the US?Are tiny homes legal in every US state?What is IRC Appendix Q?Can you put a tiny house in your backyard in the US?Can you put a tiny house in your backyard in New Hampshire?Are tiny homes legal in Kansas, and where can you put one?

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