02/02/2025
Two important provisions of the Affordable Homes Act go into effect today. The first is the ADU (“Accessory Dwelling Unit”) provision that allows for ADU’s to be constructed by right either within the principle structure or as a separate accessory structure. One important aspect is that the property does not have to be owner-occupied, as has often been the case with so-called “in-law apartments.” The second provision, which has not received as much publicity but is equally important, is the provision to allow for undersized lots which are held in common ownership to be built upon by right if they contain a minimum of 10,000 square feet in area and 75 feet of frontage. Up until now those lots were considered to be “merged” and could not be separately built upon. The homes to be constructed cannot exceed 1,850 square feet of livable space and must contain at least 3 bedrooms. Both of these provisions are designed to promote more affordable housing which is sorely needed in our state and will be a welcome change by the development community and homeowners alike.
