The ABCs of ADUs
Janet L. Newcomb, CBL Springhurst Townhomes HOA
ADUs Defined
ADU stands for Accessory Dwelling Unit, also sometimes referred to as a granny flat, in-law suite, guest house or garage apartment. There are many forms of ADUs in different parts of the country. ADUs can be attached to a primary residence or detached and located on the same lot as a primary residence, often in the backyard. Generally, ADUs consist of a bathroom, living/sleeping area, kitchenette and a separate entrance.
History
While ADUs have existed for many years, in the past many were unpermitted “shadow housing.” Things are rapidly changing. CAI has been working on creating a public policy document that can be used by its Legislative Action Committees when dealing with legislatures in the various states. This policy is intended to recognize the need for affordable housing and also support the rights of residential common-interest communities to reasonably regulate the development of ADUs within their communities. There have been a number of laws passed over the last decade to address the increased housing demands of California’s growing population.
Effective January 1, 2020, Civil Code Section 4751 was added to the Davis-Stirling Act voiding restrictions in planned developments which effectively prohibit or unreasonably restrict the construction of ADUs or JADUs in community associations.
Effective January 1, 2021, the California Health and Safety Code (HSC), Section 65583(c)(7), requires that cities and counties develop a plan that incentivizes and promotes the creation of ADUs that can be offered at affordable rent for very low-income to moderate-income households.
The most recent housing related legislation signed by Governor Newsom in September 2021, which will take effect in January 2022, can be found here:
SB9:
https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml?bill_id=202120220SB9
SB10:
https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml?bill_id=202120220SB10
Two excellent articles analyzing the impact of these bills are included in this issue of the OC View.
18 January | February 2022
The California Housing Finance Agency (CalHFA) also recently announced that it will be offering up to $25,000 to low- to moderate-income homeowners to build ADUs on their property (The Epoch Times, 10-5-2021).
California is one of the fastest growing areas for ADUs, currently having an estimated 240,000 ADUs. A good website for current information on ADUs is the California Department of Housing and Community Development:
https://www.hcd.ca.gov/policy-research/ accessorydwellingunits.shtml
Pros
Federal and state governments emphasize ADUs as an innovative way to tackle what they describe as an inadequate and unaffordable housing supply. Property owners may be interested in creating an additional cash flow opportunity, especially in their retirement years. Other owners may be looking for a place to keep family close by – aging parents who require their assistance, or adult children who want privacy but cannot yet afford to rent or buy their own residence. Some may be looking for both a place to house frequent guests and provide short-term rental opportunities. “The type of housing is a good opportunity for hard-working college students, young parents with small families trying to get into good school districts, single workers or couples who can live nearer to their work, and even family members who want to be near each other.” (Orange County Register, 4-12- 2021) In wealthy areas, ADUs could also be a maid‘s quarters or caretaker residence.
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