In February this year, Massachusetts joined another dozen or so states in making it permissible for home owners to have an accessory dwelling unit or ADU on their residential lot. The additional legal requirement is part of an ongoing development of the state’s Affordable Homes Act and is hoped to help alleviate a housing crisis in the state and associated burgeoning cost of buying a home or renting. This article hopes to explain the legal ramifications of the new law and who stands to benefit from the possibilities it offers.
What exactly are Accessory Dwelling Units (ADU)?
Accessory dwelling units are exactly what the term implies, i.e. an additional residential facility on the existing land owned and lived in already. Up to now, every municipality on the state has had its own policy or no specific policy regarding additional or accessory dwelling units. The new state legislation now applies state wide with the sole exception of the city of Boston, which is in the throes of drafting its own ADU rules.
ADUs can be part of the existing building, e.g. a basement, or an extension of the main residential home or a separate building on the same residential lot as the main residence. The main restrictions are that the ADU must:
- have a maximum floor size of no more than half that of the main home;
- be less than 900 sq feet in floor area and more than 400 sq feet;
- have an entrance to the ADU which is separate from the entrance to the main home.
Granny flats, senior living, in-law suites, tiny homes – what’s the difference?
There has been an explosion in interest in building and allowing smaller home units other than the standard sized homes typically found across the state. This has been driven partly from the need to accommodate residents of the state who have recently found it difficult to afford to purchase their own home as well as cater for people who want to live in an alternative housing style.
The term ‘granny flat’ is rather a loose one that could be used to describe one potential use of an ADU in Massachusetts. Having a granny flat on your own property is supposed to mean having a separate building that older relatives can use and live in which allows them a measure of independent living yet means they are physically close to their younger family in the event of need. In this sense, ADUs can certainly now mean that they can be used as ‘granny flats’ although the potential of the new legislation as we will explore later in the article is greater than just providing a place for grandparents.
Another term bandied about a lot, yet is often hard to pin down, is that of the ‘tiny home’. Basically a tiny home is any new building intended to be lived in which is much smaller than that of the typical home. We are talking here of a floor area of less than 400 sq feet and often much less. Because many municipalities have not allowed tiny homes of this description to be built as primary residences or even accessory residences, those interested in living in a smaller home have turned to building them on wheels, i.e. making them mobile. They are treated by most state agencies as mobile homes rather than standalone residences. This means that the term ‘ADU’ as it has been clarified for use in Massachusetts basically excludes having a tiny home built or used on the property, unless the municipality allows this in addition to the new legislation for ADUs.
Who is likely to benefit from the new legislation?
The new legislation is part of the Affordable Homes Act package, so the main intention is to boost the amount of affordable homes for Massachusetts residents who up to now have found it challenging affording their own homes. More specifically, ADUs might help the following groups of people to find temporary or permanent residence:
- Older relatives who may have sold their own homes or are looking for a home close to their family for security, medical or close family ties reasons; the current state government views the ADU legislation as a means to encourage older state residents to vacate their homes that have become too large and unwieldy for them to continue to live in, thereby increasing the supply of homes for younger families;
- Family members who may have disabilities requiring support, e.g. those who may be on the Autism spectrum or having other learning disabilities, yet may find a chance to live independently close to supporting family an attractive option;
- Younger members of the family who are old enough to leave home, yet cannot yet afford to buy their own home and may also find rental options difficult to locate;
- Any member of the public who wants to rent a home for themselves and may not be related to the home owners in the main residence and may find that renting an ADU is an affordable option. A clause in the ADU law will prohibit municipalities from restricting ADU use to family members only.
The state government believes that its amendments to the Affordable Home Act will create an additional base load of 8,000 to 10,000 new affordable homes over the next 5 years.
Restrictions on use for vacation renters expected to ease housing pressure on residents of tourist hotspots
ADUs will not be permitted to be built for use as short term vacation rentals in such places as Cape Cod, Nantucket and Martha’s Vineyard where the conversion of residential property to short term rentals has exacerbated housing pressure for year round residents.
Municipalities still have a say in ADU building permits
Although the new legislation allows by-right consent for ADU use in all municipalities with the exception of Boston (as noted earlier), it doesn’t mean that existing building regulations and zoning restrictions have been thrown out the door. Municipalities will still have a large say in what and how new ADUs can be built and how they are used. If you have a property of your own and intend building an extension to your home, an additional building on your own property or modify a basement as an ADU but are confused or frustrated by local regulations and permit processes, then you should talk to an attorney about how the new legislation affects you and how your plans can fit in with the rules involved.
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