New Law Ends NIMBY Abuse of ADU Permitting

“Final Boss” Bill Voids Local Regulations Designed to Ban Accessory Dwelling Units

“Californians want to build ADUs. Now, local jurisdictions have to let them.”

SACRAMENTO – Homeowners who seek to build accessory dwelling units (“ADUs”) will now have the full power of state law behind them when local jurisdictions try to prevent their construction, thanks to new legislation signed into law today by Governor Gavin Newsom. 

SB 9, authored by Senator Jesse Arreguín (D-Berkeley) and sponsored by California YIMBY, authorizes the California Department of Housing & Community Development (HCD) to void local ADU ordinances that violate state law, applying default state standards until cities pass compliant measures.

“California has seen ADUs grow from less than 1 percent of new construction to 20 percent of all new homes today, because state laws removed local barriers that made them functionally illegal,” said California YIMBY CEO Brian Hanlon. “But many jurisdictions continue to play cute with ADU policy, and impose rules contrary to state law. SB 9 will bring that practice to an end.”

State law requires local governments to submit their local ADU ordinances to the Department of Housing and Community Development (HCD) to ensure they are consistent with state law. If the local ordinance is not consistent with state law, HCD can require local governments to fix any disparities. 

Under SB 9, HCD will be authorized to void any local ADU ordinances that violate state law, and state ADU standards would apply until the local government passes remedial measures. The bill addresses cities that continue to illegally restrict ADUs. To date, state laws have enabled the construction of over 35,000 new ADUs since 2016.