“As of Right” is one of the most misunderstood phrases in zoning. Under City of Yes, many ADUs would be permitted As of Right, meaning the zoning allows the use without requiring variances or special approvals. But homeowners often confuse zoning permission with automatic buildability.

As of Right doesn’t mean “easy.” It means you meet zoning. Everything else still applies.

What As of Right Actually Means

• The zoning district allows an ADU on your lot.

• You don’t need a zoning variance.

• You don’t need a special permit.

• You still must file with the Department of Buildings and meet all code requirements.

What Homeowners Often Misunderstand

As of Right does not waive:

• Egress requirements

• Fire separation rules

• Height or lot coverage limits

• Utility and sewer regulations

• Structural load requirements

• Energy code compliance

Many ADUs that are legal under zoning still fail under building code.

Why It Matters for Staten Island and Brooklyn

Neighborhoods with narrow lots, semi attached houses or deep basements may be zoned for ADUs but still fail code compliance. Fire safety and egress requirements often stop projects before they start.

Zoning tells you “yes, you can.”
Building code tells you “yes, but only if you follow these rules.”

—

Joseph Ranola | Five-Star Staten Island & South Brooklyn Realtor® (30 + Google reviews)
Associate Broker · Matias Real Estate | Founder · Bridge & Boro Team
Serving 103xx and 11209 / 11214 / 11228 | $25 M + closed volume
📞 917-716-1496 | ranolarealestate.com