(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code is void and unenforceable.
(b) This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Section 65852.2 or 65852.22 of the Government Code.
Related Topics
Related Statutes
- SB-1211 (Skinner) Land use: accessory dwelling units: ministerial approval.
- SB-477 (Committee on Housing) Accessory Dwelling Units
- AB-1033 (Ting) Accessory dwelling units: local ordinances: separate sale or conveyance
- AB-976 (Ting) Accessory dwelling units: owner-occupancy requirements.
- AB-2221 Accessory dwelling units.
- SB-897 (Wieckowski) Accessory dwelling units: junior accessory dwelling units.
- Civil Code Section 4751. Accessory Dwelling Units.
- Government Code Section 65852.22. Junior Accessory Dwelling Units.
- Government Code Section 65852.2. Accessory Dwelling Units.