Accessory dwelling units: proof of residential occupancy requirements.

Plain English Breakdown

The official source material did not provide specific details on enforcement mechanisms or exact fines, leaving some aspects of the bill's implementation uncertain.

Accessory Dwelling Units: Proof of Occupancy

This law allows local agencies to require proof that accessory and junior accessory dwelling units are used for living purposes for at least six months each year.

What This Bill Does

• Allows local agencies to ask property owners to show proof that an accessory or junior accessory dwelling unit is being used as a home for at least six months of the year.
• Requires property owners to sign a statement saying their accessory or junior accessory dwelling unit will be used as a home for at least six months each year.
• Lets local agencies check every year if the accessory or junior accessory dwelling unit is still being used as a home for at least six months out of the year.

Who It Names or Affects

• Property owners who have accessory or junior accessory dwelling units on their property.
• Local government agencies that manage planning and zoning laws.

Terms To Know

Accessory Dwelling Unit

A smaller living space, like a garage apartment or basement suite, built within an existing home or on the same lot as a single-family house.

Junior Accessory Dwelling Unit

A small living unit inside or attached to a main house in a single-family zone that is usually smaller than an accessory dwelling unit.

Limits and Unknowns

• The bill does not specify what counts as 'proof of occupancy'.
• It's unclear how local agencies will enforce these requirements.
• There are no details on the exact amount for a reasonable fine if someone doesn't follow the rules.

Official Summary Text

AB 1055, as amended, Boerner.
Accessory dwelling units: proof of residential occupancy requirements.
Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms 30 days or longer.
This
bill would additionally authorize a local agency to require
proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.
the property owner to certify, as specified, that the accessory dwelling unit will be occupied as a residential dwelling unit for at least 6 months out of each calendar year. The bill would authorize the local agency to annually recertify, as specified, that the accessory dwelling unit is occupied as a residential dwelling unit for at least 6 months out of each calendar year. The bill would require the local agency, in enforcing the annual recertification provisions described above, to include at least 2 notices to the owner of the accessory dwelling unit, and would prohibit the local agency from, among other things, charging more than a reasonable fine for failure to
comply with the above-described annual certification provisions, as specified.

Current Bill Text

Download Bill PDF