AB-345 (Quirk-Silva) Accessory dwelling units: separate conveyance.

Would allow for lot-splitting to create affordable and low-income housing units.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Planning and Zoning Law authorizes a local agency to provide, by ordinance, for the creation of accessory dwelling units in single-family and multifamily residential zones and requires a local agency that has not adopted an ordinance to ministerially approve an application for an accessory dwelling unit, and sets forth required ordinance standards, including that the ordinance prohibit the sale or conveyance of the accessory dwelling unit separately from the primary residence.

This bill would amend Government Code 65852.2 and 65852.26 to require each local agency to, by ordinance, allow an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer if certain conditions are met. The bill would remove the requirements that the property be held pursuant to a recorded tenancy in common agreement and that the agreement allocate to each qualified buyer an undivided, unequal interest in the property. The bill would instead require the property be held pursuant to a recorded contract that includes specified provisions.

**UPDATE:  AB 345 was signed by the Governor on September 28, 2021.  Its changes to the law take effect January 1, 2022.

Share:
View more info on AB 345
from the California Legislature's website