California's AB 1033: Major ADU Changes?

California's AB 1033: Major ADU Changes?

  • 12/12/23

California is attempting to address its housing crisis with the passage of Assembly Bill 1033 (AB 1033). This new law, signed into effect recently, is poised to allow the sale of Accessory Dwelling Units (ADUs), commonly known as granny flats or in-law suites, as independent and separate properties.

Historically, ADUs served as additional living spaces on a homeowner's property, often utilized for accommodating elderly family members, providing rental income, or simply expanding living space. AB 1033 opens up new possibilities by permitting the sale of these units as standalone properties, unlocking the potential for both homeowners and the broader housing market.

One of the primary objectives of AB 1033 is to address California's chronic housing shortage by maximizing the utility of existing residential properties. By enabling the sale of granny flats as independent units, the legislation aims to increase the overall housing stock, fostering a more diverse and affordable housing market.

However, the impact of AB 1033 may not be uniform across the state. While the law sets a statewide precedent, it provides individual counties with the option to opt out. The county of San Diego, in particular, has yet to reveal its stance on whether it will embrace or reject the new law. The decision of San Diego County will be closely watched, as it could set the tone for other jurisdictions considering similar measures.

Supporters of AB 1033 argue that the ability to sell ADUs separately will incentivize homeowners to invest in the construction of additional dwelling units, leading to the creation of more housing supply. This, in turn, could contribute to stabilizing or even reducing home prices, offering relief to prospective homebuyers struggling with the state's notoriously high real estate costs.

Critics, however, express concerns about the potential consequences of this law. They worry that allowing the sale of granny flats as standalone units may exacerbate neighborhood density and disrupt the character of established communities. Additionally, there are fears that the law could lead to speculative behavior, with investors snapping up ADUs for profit rather than contributing to the rental or affordable housing market.

Nathan Group

As the law takes effect, attention will be focused on whether San Diego County and other regions choose to embrace or resist the changes. The outcome will undoubtedly influence the trajectory of California's housing market and provide insights into the effectiveness of such measures in addressing the ongoing housing challenges in the state.

If you have additional questions relating to how this law could impact you, reach out to us today! 

 

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