How California’s New ADU Laws Affect Homeowners

California is working hard to make ADUs more accessible for all of its residents. Learn more about California’s new accessory dwelling unit laws that go into effect in 2022 and how they affect California homeowners.

The most controversial of the two new laws, Senate Bill 9 will allow California property owners to split a single-family lot into two separate lots. They can choose to add a second home to their lot or split their lot into two separate spaces and construct duplexes on each. With this change, property owners can have a total of four housing units on their property. This marks a shift from past ADU laws in California that allowed a stand-alone house and an ADU on a single-family lot and an attached smaller unit that could be no bigger than 500 square feet. Lawmakers hope this new law will facilitate the construction of additional housing while still preserving low-income, affordable units. This will give California residents more affordable housing options and help to combat homelessness throughout the state.

Under Senate Bill 9, property owners can choose to split their property into two separate lots, each lot having to measure at least 1,200 square feet. Under the new law, these newly divided single-family lots cannot be used to construct short-term rentals and must be rented for a term longer than 30 days. This part of Senate Bill 9 will help to guarantee that ADUs homeowners construct on their property are a livable size for renters.

New California ADU requirements under Senate Bill 9 require cities and counties in the Golden State to approve all development proposals that meet the laws specified design and size standards. With this requirement in place, Senate Bill 9 helps to construct more affordable housing without destroying the character of residential neighborhoods, allowing for the needs of both homeowners and renters to be met.

Under Senate Bill 9, a newly constructed California ADU cannot result in the alteration or destruction of rent-controlled or affordable housing that has been occupied within the last three years. Additionally, all properties located within historic districts or property listed as historic landmarks cannot be used for new developments. Other properties that are exempt from new ADU construction under Senate Bill 9 are:

Exempting some properties from new ADU construction will help to preserve already constructed rent-controlled affordable housing and ensure that historical property that makes California so attractive to homeowners isn’t destroyed.

Unlike California ADUs of the past, these new units are not for short-term rentals. Senate Bill 9 requires property owners to sign an affidavit that states they will occupy one of the housing units they construct as their primary residence for at least three years from the date they split their single-family property. With this part of Senate Bill 9, lawmakers are trying to ensure homeowners are constructing ADUs meant for long-term residents. Senate Bills 9 and 10 are trying to ensure ADUs go to California residents in need of affordable housing.