How to get around ADU occupancy rule in the Bay Area

How to get around ADU occupancy rule in the Bay Area

Rental Property Investor · Member since 2019 · 137 posts · 42 votes

My aunt has a ADU in East Palo Alto that is rented out. She has to move out to a different place in few months and I am wondering on how she can rent out both the main home and the ADU legally or her only option is to sell the house.

The city has an owner occupancy requirement (either main home or adu).

Thanks! 

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  • Specialist · Los Angeles · Member since 2019 · 24 posts · 11 votes
    6y

    Look at SB13 - not sure if they can require owner occupancy.

  • Investor · Pleasant Hill, CA · Member since 2019 · 58 posts · 21 votes
    6y

    Yeah, @Andrew Galambos has it right. SB-13 came into effect earlier this year which remove owner-occupancy requirement at a state level until 2025 I believe. Might have to work with the county if she signed a deed restriction when the ADU was permitted stating the owner-occupancy rule... not sure if that needs to be officially removed or not.

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    6y
    Originally posted by @Michael Myers:

    Yeah, @Andrew Galambos has it right. SB-13 came into effect earlier this year which remove owner-occupancy requirement at a state level until 2025 I believe. Might have to work with the county if she signed a deed restriction when the ADU was permitted stating the owner-occupancy rule... not sure if that needs to be officially removed or not.

    Thanks! This is very helpful! Does SB-13 on apply to ADU built between 2020 to 2025? Or it applies to all ADU built before 2020 too?

  • Rental Property Investor · Member since 2019 · 137 posts · 42 votes
    6y
    Originally posted by @Andrew Galambos:

    Look at SB13 - not sure if they can require owner occupancy.

    Thanks! It seems like it does not apply to ADU built before 2020.

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