California Legislature Votes to Allow Homeowners to Build Two ADUs
AB 956 Strengthens and Clarifies ADU Laws for HOAs, Large Lots
“One ADU is great; two ADUs is even better”
Los Angeles – Today, the California Legislature voted to approve AB 956, a bill by Asm. Sharon Quirk-Silva (Fullerton) that allows homeowners to build up to two accessory dwelling units (ADUs) on their property. The bill now heads to Governor Newsom’s desk for signature into law.
“ADUs are a singular success story in California, as homeowners rush to build these popular, convenient, and affordable homes,” said Brian Hanlon, CEO of California YIMBY. “But many cities, and especially homeowners’ associations, continue to throw up roadblocks to their construction. AB 956 strengthens and clarifies property rights and gives homeowners clear standards to build two detached ADUs on their properties. Thanks to Asm. Quirk-Silva for her dedicated leadership on housing during her years of service.”
Currently, a single-family homeowner is limited to building one detached ADU (an ADU with no contiguous walls to the primary home). These rules apply even on large residential lots that could easily accommodate more than one detached ADU.
The restriction is inconsistent with other ADU policies, which allow homeowners to have two ADUs if one of the units is “attached,” or built in the garage, basement, or another part of the existing home.
Additionally, the state law that overrides HOA restrictions to allow homeowners to build ADUs specifically refers to “lots zoned for single family use” – preventing people whose single-family homes are on land zoned for multi-family housing from building ADUs.
AB 956 removes these restrictions. It allows homeowners to construct up to two detached ADUs on their property when the space is available, and clarifies state law ensuring HOAs can’t block otherwise legal ADUs.