Why this article matters: California’s legislature is encouraging the development of Junior accessory dwelling units (JADUs) in answer to the statewide housing shortage. By relaxing owner-occupancy requirements, JADU numbers are likely to receive a boost.
Gentle density
A new law, passed by Assembly Bill 1154, relaxes regulations for the use of junior accessory dwelling units (JADUs).
A JADU is a dwelling composed of no more than 500 square feet of interior livable space. [Calif. Government Code §66313(d)]
In contrast, an ADU is no larger than:
- 850 square feet of interior livable space; or
- 1,000 square feet of interior livable space when the ADU contains two or more bedrooms. [Gov C §66321(b)(2)]
Previously, owner-occupancy requirements for JADUs limited their development. In the hopes of sparking additional developer interest in the construction of JADUs, a new law has walked back this requirement.
Now, owner occupancy is required only when the JADU has shared bathroom facilities with the existing structure. When the JADU shares bathroom facilities with the main structure, the owner may reside in either the remaining portion of the structure or the newly created JADU. [Gov C §66333(b)]
When the JADU has its own separate bathroom, or when the owner is a governmental agency, land trust, or housing organization, the owner is not required to occupy the property. [Gov C §66333(b)]
Further, the law previously prohibited the rental of JADUs. This new law stipulates JADU rentals are allowed when the rental term is longer than 30 days, encouraging long-term tenants and neighborhood stability. [Gov C §66333(g)]
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