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California’s housing crisis has led to innovative solutions, and accessory dwelling units (ADUs) are among the most popular. However, unpermitted ADUs have created challenges for property owners and municipalities alike. Fortunately, Assembly Bill 2533 (AB 2533), set to take effect on January 1, 2025, expands the existing amnesty program for unpermitted ADUs and Junior ADUs (JADUs) built before January 1, 2020. This bill offers a path to legalization, easing the burden on property owners who wish to comply with local regulations.
What AB 2533 Means for Property Owners
Under AB 2533, property owners with unpermitted ADUs built before January 1, 2020, can take advantage of an expanded amnesty program. This program offers several benefits, including:
- Simplified Habitability Standards: Local agencies will now use specific habitability standards instead of rigid building code requirements to assess ADU safety.
- Waived Fees: Owners are exempt from retroactive impact fees, connection fees, or capacity charges in most cases.
- Expanded Eligibility: ADUs and JADUs built between January 1, 2018, and January 1, 2020, are now eligible for amnesty, extending the 2022 program created by SB 897.
This means that property owners who couldn’t afford the costly retroactive permitting process now have a more affordable pathway to legalize their ADUs.
Why Legalizing Unpermitted ADUs Matters
Legalizing unpermitted ADUs is critical for several reasons. First, it addresses health and safety concerns. Unpermitted units often lack proper utility connections, increasing risks for tenants and homeowners. AB 2533 ensures that these units meet essential safety standards without overburdening property owners with excessive fees or requirements.
Second, legalized ADUs contribute to fair housing. Unpermitted units create legal gray areas for landlords and tenants. By permitting these units, property owners and tenants gain clarity and legal protection under landlord-tenant law.
Finally, legalizing these units helps municipalities meet their Regional Housing Needs Allocation (RHNA) targets. Including unpermitted ADUs in the housing stock gives cities a more accurate count of available units, enabling them to better plan for future development and receive additional funding.
How to Navigate the Legalization Process
While AB 2533 simplifies the process, legalizing an ADU still requires navigating local regulations. Property owners should be prepared to:
- Submit an Application: Consult with local planning departments to begin the permitting process.
- Schedule Inspections: A safety inspection will be conducted to ensure the unit meets habitability standards.
- Prepare for Possible Upgrades: If the unit requires minor safety upgrades, you may need to hire professionals to bring the ADU up to code.
Ensure Your ADU Compliance
Legalizing your ADU can provide peace of mind, increase property value, and ensure that you comply with local laws. If you have an unpermitted ADU or JADU, don’t wait. Schedule a consultation with our business litigation law firm today to understand your options under AB 2533 and avoid potential legal issues. Schedule a consultation now!
