ADUs Can Now Be Sold Separately In California – NMP Skip to main content

ADUs Can Now Be Sold Separately In California

Oct 20, 2023
California cottage ADU
Senior Editor

‘Backyard revolution’ opens up the affordable housing market.

California Gov. Gavin Newsom has signed into law Assembly Bill 1033. It allows accessory dwelling units (ADUs) to be sold separately from the homes they are associated with, in effect creating two- or three-unit condominiums.

The bill’s sponsor, Assembly member Phil Ting (D-San Francisco), says the law opens the door to affordable homeownership by allowing these tiny homes, cottages, or casitas to be sold as condominiums. In a press release, he said this continues the momentum of California's “backyard revolution” for affordable housing.

“Signing AB 1033 into law will help families burdened by high housing costs. Our children won’t have to move out of state to purchase a home; employers will be able to attract and retain workers who would otherwise leave our state due to lack of affordable homes; and elders who want to downsize and stay in their communities will have new options,” said Denise Pinkston, president of the Casita Coalition, a statewide group looking for affordable housing solutions.

The California Department of Housing and Community Development (HCD) reports the ADUs are needed because California’s housing production is not keeping pace with demand. In the last decade, fewer than half of the homes needed to keep up with the population growth were built. Additionally, new homes are often constructed away from job-rich areas. 

Citing HCD data, the San Bernardino Sun reported, “Statewide, there were 44,532 ADU building permits issued during the three-year period (2020-2022). Of that total, Los Angeles County issued 26,351, Orange County issued 3,539, Riverside County issued 1,136, San Bernardino County issued 1,531 and San Diego County issued 5,120 permits for ADUs.” 

The article also said specific rules on how to convert an ADU into a condo are being left up to each municipality. “This satisfies the affordable housing element,” Al Salguero, real property division manager at the Orange County Assessor’s Office, told the publication. Assuming all the local condo conversion compliance boxes are checked, homeowners with ADUs can keep, rent one or all the units or sell one or all the units.

As reported by NMP earlier this week, the Federal Housing Administration (FHA) under the U.S. Department of Housing and Urban Development (HUD) has unveiled a groundbreaking policy to bolster housing affordability and increase homeownership opportunities. Lenders can now include rental income from ADUs when assessing mortgage applications. This would benefit California homeowners converting the ADUs into condominium units.

Additionally, the policy sets specific guidelines for appraisers and introduces ADUs to FHA mortgages for new construction. The immediate implementation means that FHA-approved lenders can immediately offer this new opportunity to prospective homeowners.

FHA Deputy Assistant Secretary for Single Family Housing Sarah Edelman underscored the policy's flexibility. She indicated that it would enable 75% of the estimated ADU rental income to be considered for some borrowers, making it easier for them to qualify for an FHA-insured mortgage.

About the author
Senior Editor
Keith Griffin is a senior editor at NMP.
Published
Oct 20, 2023
ROAD Act’s Housing Incentive May Be Too Small To Move Supply

Realtor.com finds the median city risks losing only about $84,000, although the policy could carry more weight in supply-starved Northeast and Midwest markets

CRA Proposal Could Reshape Bank Lending And Affordable Housing Investment

The OCC and FDIC would put more weight on lending while easing community development requirements for hundreds of banks

Fannie Mae AI Governance Deadline Arrives Aug. 6

Seller/servicers using artificial intelligence in origination or servicing must have formal policies, oversight, and vendor controls in place

Condo Review Deadline Puts Lenders On The Clock

Fannie Mae and Freddie Mac will eliminate abbreviated project reviews for condo applications dated on or after Aug. 3

TRUE Releases AI Governance Guide Ahead Of Fannie Mae Deadline

Guide focuses on tracing mortgage data from borrower documents through AI validation, human review, and final LOS entry

AD Mortgage Warns Condo Eligibility Changes Could Restrict Conventional Financing

Wholesale lender cites internal loan data to urge regulators to monitor whether new condominium eligibility standards reduce access to conventional financing