AB-976 (Ting) Accessory dwelling units: owner-occupancy requirements.

Would eliminate an owner-occupancy requirement on any accessory dwelling unit.

Current Status: Chaptered

FindHOALaw Quick Summary:

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval. Existing law requires a local ordinance to require an accessory dwelling unit to be either attached to, or located within, the proposed or existing primary dwelling, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

Existing law, beginning January 1, 2025, authorizes a local agency to impose an owner-occupancy requirement on an accessory dwelling unit, provided that the accessory dwelling unit was not permitted between January 1, 2020, and January 1, 2025.

This bill would amend Government Code Section 65852.2 This bill would instead prohibit a local agency from imposing an owner-occupancy requirement on any accessory dwelling unit.

** **AB 976 was signed in to law on October 11, 2023 and takes effect January 1, 2024.