San Francisco In-Law Units Are Sprouting Up - A Refresher
By DANIEL BORNSTEIN, ESQ.
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More in-law units are sprouting up in the Bay Area, a trend we are encouraged by at Bornstein Law. Thanks to several owner advocacy groups such as the California Apartment Association, legislation has paved the way.
Inked not long ago, bill AB 2299 removed local government's ability to mandate additional parking for in-law units, also known as granny flats, accessory-dwelling units or ADU’s, when these pint-sized units are within one-half mile of public transportation or ride-share parking areas.
Proposals to incentivize the construction of in-law units come as cities see these units playing a unique and important role in a neighborhood’s housing supply. Building more in-law units will stabilize rental prices and mute calls for more onerous government policies such as rent control.
It seems the legislation is leading to an uptick in construction.
"A look at the initial impact shows that hundreds of new units are being planned for San Francisco, and fully utilizing backyards and other available spaces could mean thousands of future residences for California's coastal cities" ~ BuildZoom
In-law units provide a number of benefits to the community and individual homeowners, if in fact the dwelling qualifies. Here's an overview from the San Francisco Planning Board.
The first test is having a large, uninhabited space in the existing residential building such as a garage or storage room. If so, the space for the unit needs to have a floor-to-ceiling height of at least 7'6. There must also exist space to place a window in a living room or bedroom that faces an open area at least 15x15, and that is open to the sky above (such as a rear yard). There are also restrictions as to the number of units that can be added, and the in-law unit may be subject to rent control.
Make no mistake, building or legalizing an in-law unit is no trivial undertaking and it's strongly recommended you or your client consult with a real estate attorney first. Bornstein Law can help evaluate opportunities and risks for the conversion and if it makes sense to proceed, ensure that all of the i's are dotted and t's are crossed.
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As the founding attorney of Bornstein Law, Broker of Record for Bay Property Group and expert witness, Daniel Bornstein is a foremost and well-respected expert in landlord-tenant disputes and other property management issues with over 23 years of experience in handling real estate and civil litigation related disputes in and throughout the Bay Area. More than a litigator, Daniel manages rental properties, assists in completing real estate transactions and is well known for his educational seminars. He is always eager to answer questions and engage with Bay Area landlords, property owners and real estate professionals. Email him today.