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How California’s New ADU Laws Affect Homeowners

BY ADU.WORKS DECEMBER 23, 2022

How California’s New ADU Laws Affect Homeowners

In a major move towards addressing California’s housing crisis and increasing affordability, two new ADU laws (Senate Bill 9 & 10) have been put in place. These laws are designed to create more housing while preserving existing low-income housing. With these new rules, California residents seeking affordable housing options may do so more easily and the state as a whole can look forward to more long-term economic growth. It’s clear that the implementation of SB 9 & 10 will have positive social and economic repercussions for years to come.

The passage of Senate Bill 9 marks a significant shift in the way housing is structured in California. Whereas previously, single-family lots could only have an ADU and a separate detached house, this new law allows property owners to double their occupancy by adding a pair of duplexes. This opens up enormous opportunities for increasing access to low-income, affordable housing while still preserving much needed space on existing lots. Lawmakers are optimistic that this change will help create more options for Californians seeking  affordable housing and address California’s homeless crisis. By providing more potential living spaces on existing lots, this bill has the potential to bridge the gap between those who can afford more traditional housing options and those who cannot.

Senate Bill 10 provides a more reasonable alternative for local government zoning and regulations in California. This legislation seeks to reduce the amount of time and costs associated with the current process of getting needed housing approved. It will allow cities to bypass the requirement of getting approval from the California Environmental Quality Act, enabling them to move more quickly towards rezoning neighborhoods near urban and mass transit areas. Sen. Scott Weiner, D-San Francisco, understands that this new law is an essential part of addressing our state’s housing crisis, and applauds the law for being able to cut through much of the red tape that often stands in the way of affordable housing.

Senate Bill 9 has declared a major victory for California renters with the introduction of secure long-term rentals and bigger livable units. The bill enables property owners to divide their lot into two, so long as they each measure at least 1,200 square feet. This part of Senate Bill 9 will guarantee that ADUs (accessory dwellings unit) are an adequate size for renters and will be rented for over 30 days. Additionally, it requires cities and counties in California to approve all proposals that fit the design and size standards created in the bill. This allows for more affordable housing without taking away from the residential neighborhoods’ aesthetics—which is a major relief for tenants who are searching for quality living spaces.

Senate Bill 9 aims to protect California’s rent-controlled and affordable housing by placing some restrictions on new ADU construction. Additionally, properties located in historic districts, or marked as historical landmarks, won’t be eligible for new developments. The bill also excludes building upon wetlands, farmlands, properties at risk of fire or flooding from any ADU alterations. This helps to protect existing housing and preserve the historical property that makes California such an appealing state for homeowners. Senate Bill 9 is a crucial step in making sure Californians can enjoy all that the state has to offer without fear of displacement from rent-controlled units or destruction of precious historical artifacts.

California lawmakers are taking a strong stance against short-term rentals of Accessory Dwelling Units (ADUs) by introducing Senate Bill 9. This bill requires property owners who choose to split their single-family residence into two units to sign an affidavit stating both units will be their primary residence for at least three years. This clause, in combination with Senate Bill 10, is aimed at providing California residents with access to more affordable housing options as ADUs are intended as long-term living spaces. These two bills are set to revolutionize the housing crisis and give thousands of Californians the opportunity to find safe and secure homes.

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