View over the Adirondack Mountains from Algonquin Peak in New York.

Tiny Homes in New York: Laws, Rules and Communities

Updated November 4, 2026. Some laws may have changed since then. Confirm with your city, town or village before you buy land or a home.

The short answer

Yes, you can live in a tiny home full time in New York, on a permanent foundation and where local zoning allows it. Outside New York City, the state building code includes a tiny house appendix as part of the code, so a house of 400 square feet or less gets its own ceiling, loft and ladder rules. New York City runs its own code. A tiny home on wheels is a harder case, and where you can live in one is up to your local zoning. The newest code took effect December 31, 2025, and New York City's December 2024 housing changes opened a path to accessory dwelling units of up to 800 square feet in many one and two family homes. New York has the 4th highest cost of living of the 50 states, an income tax of 4 to 10.9 percent, an effective property tax rate of 1.30 percent (11th highest), and homeowners insurance averaging $1,710 a year.

On this page. Quick facts, the rules in plain words, where to start, living in New York, communities and common questions.

New York has one statewide building code, called the Uniform Code, and New York City is the one place it does not apply. Your city, town or village decides zoning. A local code enforcement office enforces the building code, and in certain local governments the Department of State does it instead. A tiny home on a permanent foundation, meaning it is anchored to a base built into the ground, like a concrete slab or a crawl space, is a house under that code, and if it is 400 square feet or less, the code's tiny house appendix applies. A tiny home on wheels, built on a trailer so it can be towed, has no category of its own in state law that we could find, and how it is treated is not settled.

This guide covers the state code and its tiny house appendix, New York City, homes on wheels, campgrounds, modular and manufactured homes, ADUs and the money for them, septic and wells, the Adirondack Park, and the communities we could confirm.

Quick facts

On a foundation (anchored to a base in the ground): a house under the Uniform Code outside New York City.
Building code in force: the 2025 Residential Code of New York State, built on the 2024 International Residential Code, in effect since December 31, 2025.
Tiny house rules: the tiny house appendix (Appendix BB, called Appendix Q in older codes) is adopted as part of the code for homes of 400 square feet or less, not counting lofts.
New York City: runs its own construction codes, not the Uniform Code.
On wheels (built on a trailer): we found no category of its own in state law. Local zoning decides where you can live in one.
ADUs (a second, smaller home on the same lot as a house): no statewide law requires them. New York City allows them in many one and two family homes.
Septic (an underground system that treats wastewater where there is no city sewer): built to state standards. Ask your county or city health department about the permit.

Can you live in a tiny home full time in New York?

Yes, on a permanent foundation where local zoning allows it. On wheels, it depends on your local zoning and on how the home is built.

On a foundation, a tiny home is a house. Outside New York City it has to meet the Residential Code of New York State, including the tiny house appendix if it is 400 square feet or less. Any plumbing in it must connect to a sewer or an approved septic system.
On wheels, we found no state law that allows or bans living full time in one. The Department of State has said the code does not rule out a tiny house built on a chassis with wheels, and local zoning decides where it can go.
We found no statewide minimum house size. Ask your city, town or village whether it sets one.

The rules in plain words

Building code

New York's statewide building code is the Uniform Fire Prevention and Building Code, usually called the Uniform Code. The Department of State says it applies everywhere in the state except New York City, which is allowed to keep its own code. The current version, the 2025 Uniform Code, took effect December 31, 2025. Its code for one and two family homes is the 2025 Residential Code of New York State, built on the 2024 International Residential Code with New York changes. State law (Executive Law section 379) lets a city, town, village or Nassau County adopt stricter construction standards than the state minimum, so ask your building department whether yours has.

The tiny house appendix

The national code has an appendix with rules for tiny houses. In the 2025 New York code it is Appendix BB, and the code lists it among the appendices that "have been adopted and are made part of this code," with the patio cover, manufactured housing and existing building appendices. The earlier 2020 New York code, in effect from May 12, 2020, included a tiny house appendix as Appendix Q. A tiny house is "a dwelling that is 400 square feet (37 m2) or less in floor area excluding lofts."

Under Appendix BB:

Ceilings in living spaces and hallways must be at least 6 feet 8 inches. Bathrooms, toilet rooms and kitchens can be as low as 6 feet 4 inches. Lofts can be lower.
A loft must have at least 35 square feet of floor and be at least 5 feet wide in every direction. Floor under a sloped ceiling lower than 3 feet does not count toward that area. Under a gable roof with a slope of at least 6 in 12, only floor under a ceiling lower than 16 inches is left out.
Stairs to a loft can be as narrow as 17 inches at or above the handrail. Ladders to a loft need rungs at least 12 inches wide, spaced 10 to 14 inches apart, able to hold 300 pounds on any rung, and set at 70 to 80 degrees.
Loft guards must be at least 36 inches high, or half the clear height to the ceiling, whichever is less.
The home still needs emergency escape openings. A roof window in a sleeping loft can count if the bottom of the opening is no more than 44 inches above the loft floor and it meets the size rules.

New York added its own energy rules to the appendix. It sets an air leakage limit for tiny houses, tested the way the state energy code requires, and a tiny house built to that limit needs whole-house mechanical ventilation. A separate section treats a tiny house as meeting the energy code when six conditions are met, among them insulation and windows that meet the energy code's table and renewable sources such as solar or wind supplying at least 90 percent of the home's energy and at least 90 percent of its water heating energy. The code does not say whether a home on that second path still needs the air leakage test, so this is not settled. Ask your building department which path it expects before you build.

If you would rather skip the loft, see tiny home layouts without a loft.

New York City

New York City writes and enforces its own construction codes through its Department of Buildings, so the state's tiny house appendix is not the rule there. The city's path to a small second home is its accessory dwelling unit program (see the ADU section).

Tiny homes on wheels

We found no category of its own for a tiny home on wheels in New York law, and how one is treated is not settled. Three things point different ways.

In an August 2020 Code Outreach Program bulletin, the Department of State's building codes division and the state Office of Fire Prevention and Control wrote that "the Uniform Code does not preclude tiny houses from being constructed on a chassis with wheels," that both local zoning and the code apply to tiny houses, and that each one is reviewed, inspected and approved on its own. It also said zoning, including rules for parking recreational vehicles, is outside the code. That bulletin was written under the 2020 code.
The state health rule for campgrounds (10 NYCRR 7-3.1) defines a recreational vehicle as a camping unit "primarily designed as temporary living quarters for recreational, camping, travel or seasonal use," and a campground as a place with five or more sites for "temporary or seasonal overnight occupancy."
We found no state law or agency guidance that says which of those a particular tiny home on wheels is.

A tiny home on wheels that is built and inspected as a house under the code may be treated as a home, and one built as an RV fits the campground rule's wording for a camping unit instead. Neither source says you can live full time in a tiny home on wheels. The campground rule describes RVs as temporary living quarters and campgrounds as places for temporary or seasonal stays, so ask your building department whether yours would have to be approved as a house. Where either one can be parked is a local zoning question. Get your city, town or village's answer in writing before you buy or build, and ask the DMV how a tiny home on wheels will be registered.

The DMV's instructions for a homemade trailer (form VS-105) ask for receipts for the materials and parts, a weight slip from a certified scale and a registration and title application. A homemade trailer of 1,000 pounds or more unloaded gets its vehicle identification number only after an exam by the DMV's Division of Field Investigation, and a trailer registered for highway use must pass a yearly safety inspection. The instructions do not mention trailers built as homes, so ask the DMV before you build.

Campgrounds and RV parks

The state Department of Health's campground rule calls a campsite meant for the same person or group for 30 days or more a seasonal campsite. Whether a campground lets you stay year round is up to the park and local zoning, so ask each one.

Modular and manufactured homes

The Department of State reviews and approves modular homes for the Uniform Code and the state energy code. Each one leaves the factory with a state Insignia of Approval attached. The local office that enforces the code permits and inspects the installation, and local height, bulk, area and site rules still apply.

A manufactured home is built to the federal HUD code. New York requires manufacturers, retailers, installers and mechanics of manufactured homes to be certified, and the state's residential code adopts an appendix on manufactured homes used as dwellings. State law (Real Property Law section 344-c) sets out an affidavit of affixation for selling or borrowing against a manufactured home. In it, the owner states that the home is or will be fixed to a permanent foundation on land they own, or on land they lease under a recordable lease with the landowner's consent, and that it is meant to be a permanent part of the land, taxed with it. The affidavit is recorded with the deeds. The recording fee is $200, and no transfer tax is due on it.

State law also protects manufactured homes in zoning. Under Executive Law section 616, a manufactured home that is affixed to a permanent foundation and meets the same development standards as site-built single family homes in that residential district, including general aesthetic and architectural standards, is treated as a conforming single family dwelling under local zoning. Those standards include access, setbacks, enclosures and parking (section 615). A Department of State guide for local governments, revised in 2019, says no court had interpreted this law as of August 2019, so ask your zoning office how it applies to the home you plan.

ADU rules

New York has no state law that requires cities, towns or villages to allow an ADU. The City of Ithaca puts it plainly in its ADU questions and answers, saying New York State "does not have an ADU policy." In February 2022 the Governor dropped from her budget plan a proposal that would have required local governments to allow at least one ADU. Two state programs help with ADUs without requiring them.

The Plus One ADU Program, run by the state's housing agency (Homes and Community Renewal) through local program administrators, offers up to $125,000 per unit to build or improve an ADU, or up to $175,000 in New York City. In its current round, homeowners with household incomes up to 120 percent of the area median income can take part, and every ADU must be permitted by the municipality.
A 2024 state law (Real Property Tax Law section 421-p) lets a county, city, town or village choose, by local law, and a school district, by resolution, with some exceptions, to give a property tax exemption on the added value when you add a dwelling unit to a lot with an existing one or two family home. Where it is adopted, the exemption covers the full increase for five years and less each year over the next five, on up to $200,000 of added market value. Ask your assessor whether your town has opted in.

Local rules decide the rest. Two examples:

New York City enacted Local Laws 126 and 127 in December 2024, alongside its City of Yes housing changes. The city calls these units ancillary dwelling units. With some exceptions, a one or two family home can add one ADU of up to 800 square feet of zoning floor area, in an attic, basement, cellar, a free-standing building or an attached building. The lot must be an owner's primary residence when the ADU is first occupied, and the ADU needs its own entrance. Backyard ADUs are not allowed in historic districts, in the R1-2A, R2A and R3A zones outside the city's Greater Transit Zone, or in parts of Bay Ridge, and basement or cellar ADUs are not allowed in the city's high-risk flood areas. Applications go through the Department of Buildings' DOB NOW system.
The City of Ithaca passed an ADU law in May 2025. ADUs are allowed as of right in its R-1, R-2, R-3, B-1, B-2, C-1, C-2 and C-3 zones. An attached ADU can be up to 40 percent of the main home's floor area, and a new detached ADU can have a footprint of up to 800 square feet and be up to two stories and 20 feet tall. Ithaca has no owner occupancy requirement.

Deed restrictions and HOA covenants can add their own limits, so check those too.

Septic

The state Department of Health sets the standards for home septic systems (10 NYCRR Appendix 75-A) for systems handling less than 1,000 gallons a day. In Cattaraugus County, for example, the county health department must issue a permit before any septic system is installed or repaired. In the watersheds that supply New York City's drinking water, the city's Department of Environmental Protection must also approve the system, and local health departments can set minimum lot sizes where systems sit over a drinking water aquifer.

The state code lets an owner-occupied one family home leave out the toilet, bathroom sink, bathtub or shower, and kitchen sink it otherwise requires, unless a statute or local law requires them, but any plumbing fixtures the home does have must connect to a sewer or an approved private sewage system.

If you plan to use a composting toilet, ask the health department first how it affects the permit, since the home will still produce sink and shower water.

Wells

State law requires any business that drills water wells to register with the Department of Environmental Conservation every year. The department has a search tool for registered contractors, and the driller files a well completion report with a copy to you.

The Adirondack Park

Inside the Adirondack Park, the Adirondack Park Agency, a state agency, may require a permit for building a home or dividing land. The agency says the easiest way to find out whether your project needs one is to send it a Jurisdictional Inquiry Form.

Where to start

Not sure which office covers your land? USA.gov's local government finder points to a directory of New York's counties and cities, with their websites and contacts.
Call the planning or zoning office for your city, town or village. Ask whether tiny homes and ADUs are allowed, whether there is a minimum house size, and whether a tiny home on wheels can be lived in there. Get the answer in writing.
Ask the local building department what it needs for a permit, whether it has adopted stricter local standards, and which energy path it expects for a tiny house.
If the land is not on sewer, ask the county or city health department about a site evaluation and septic permit before you buy.
For a well, hire a driller registered with the Department of Environmental Conservation.
In the Adirondack Park, send the Adirondack Park Agency a Jurisdictional Inquiry Form.
In New York City, start with the Department of Buildings' ADU page.
For a modular home, look for the state Insignia of Approval. For a manufactured home, look for the federal HUD label.
For a tiny home on wheels, ask the DMV how it will be registered before you buy.
Before buying land, check the flood map, any deed restrictions and any HOA covenants.

Living in New York

How New York compares with the other 49 states on the things people weigh before a move. Figures as of November 2026.

Happiness score (WalletHub 2026). 59.38 out of 100, 11th happiest
Cost of living (MERIC, Q2 2026; U.S. average is 100). 132.6, 4th highest
State income tax. 4 to 10.9 percent, plus local income taxes in some places
Property tax, effective rate on owner-occupied homes (Tax Foundation, 2024 data). 1.30 percent, 11th highest
Homeowners insurance, average a year with $400,000 in dwelling coverage (NerdWallet 2026; U.S. average $2,490). $1,710
Health care (U.S. News). 8th
Education (U.S. News). 17th
Average temperature, 1991 to 2020. 46.0 degrees F
Average precipitation, 1991 to 2020. 43.6 inches a year
Sunshine in Albany. 53 percent of possible sunshine, 69 sunny days a year
People 65 and older (2024). 18.9 percent

New York's cost of living is well above the national average, and housing is the highest part of that index. The state income tax is graduated, from 4 to 10.9 percent, and some places add a local income tax. The effective property tax rate is 1.30 percent. Homeowners insurance averages $1,710 a year with $400,000 in dwelling coverage, compared with a U.S. average of $2,490. U.S. News ranks New York 8th in health care and 17th in education, and WalletHub ranks it 11th happiest.

Rankings mix many factors, and statewide averages hide big differences between regions. New York City, Long Island, the Hudson Valley, the Finger Lakes, the Adirondacks and western New York differ in weather, land prices and local rules, so look at the area where you plan to live.

Tiny home communities in New York

In our search, more of New York's tiny home places turned out to be vacation rentals or supportive housing than places you can move into. We could confirm three residential communities on their own websites, and all three rent the homes rather than sell lots or take homes you bring. The same company runs all three. Rules, prices and openings change, so contact each one directly before you plan around it.

Boiceville Cottages, Brooktondale, near Ithaca. Its website lists 140 free-standing tiny house apartments for rent on 12 month leases only, with a meeting house, two dog parks and a garden box at each cottage.
Freeville Cottages, Freeville. A tiny house community on Main Street that rents a one bedroom tiny house and two bedroom cottages on 12 month leases.
La Bourgade on Seneca, on Seneca Lake in Schuyler County. Its website describes year-round houses leased for 12 months at a time, with a community and fitness center. Its smallest home, the Petit tiny house, starts at $1,795 a month and is listed at 660 square feet, well above the code's 400 square foot tiny house. The site also offers Airbnb stays by the night, which are vacation rentals, not a place to live.

We could not confirm an RV park or campground in New York whose own website says it takes tiny homes or park models for monthly or longer stays. Ask each one about year-round living, availability and current prices.

Tours we have filmed in New York

We do not have a New York tour to list here yet. When we do, it will be listed here. Our tours from other states are at Tiny Home Tours by State.

Get new tours and guides

Every other Friday we send real tours, results from our audience polls, and parking and legal lessons from people living tiny. Join the Tiny Home Tours newsletter.

Frequently asked questions

Is it legal to live in a tiny house in New York?

Yes, on a permanent foundation, if it meets the building code and local zoning. Any plumbing in it must connect to a sewer or an approved septic system. Outside New York City that is the Residential Code of New York State, including its tiny house appendix. For a tiny home on wheels, local zoning decides.

Does New York use Appendix Q for tiny houses?

Yes, under a new name. The 2025 Residential Code of New York State includes the tiny house appendix as Appendix BB and makes it part of the code everywhere outside New York City, for homes of 400 square feet or less, not counting lofts. The 2020 code called it Appendix Q. It sets ceiling heights, loft sizes, stair and ladder rules, and New York energy rules for tiny houses.

Can I live in a tiny home on wheels in New York?

It depends on your local zoning and on how the home is built. We found no state law that allows or bans living full time in one. The Department of State has said the code does not rule out a tiny house built on a chassis with wheels, while the state's campground rule describes RVs as temporary living quarters and campgrounds as places for temporary or seasonal stays. Get your city, town or village's answer in writing before you buy.

Does New York have a statewide ADU law?

No. No state law requires cities, towns or villages to allow ADUs. The state's Plus One ADU Program offers up to $125,000 per unit, or up to $175,000 in New York City, to help eligible homeowners build one where the municipality permits it. New York City allows one ADU of up to 800 square feet in many one and two family homes.

Do the same tiny home rules apply in New York City?

No. New York City runs its own construction codes, not the state's Uniform Code, so the state's tiny house appendix is not the rule there. The city's path to a small second home is its ADU program, run by the Department of Buildings.

Sources

This page explains the rules in general terms and is not legal advice. Local rules vary. Confirm with your city, town or village before you buy land or a home.

Hero photo: Algonquin Peak, Adirondacks, by Bibek Bhattarai on Unsplash.