4th Sub. HB 82 - Single-family Housing Modifications 

Good afternoon-

The 4th substitute to HB 82 - Single-family Housing Modifications was just made public. The 4th substitute is substantially similar to the “ULCT 3” proposal for which LPC adopted a neutral position. Although still a mandate, the 4th substitute is no longer a “one-size-fits-all” approach, recognizes that cities have unique needs and challenges, and is strengthened by new enforcement tools for cities. ULCT appreciates Rep. Ward’s efforts to strike a balance between internal ADUs as an affordable housing solution and the tools local governments need for their distinct communities. For these reasons, ULCT officers and the ADU working group have agreed to take a neutral position on the 4th substitute. Please see the highlights of the 4th substitute below. 

Part 1: Zoning

• Most cities and towns shall allow internal ADUs in 75% of the area zoned primarily residential. Cities with main campuses of colleges/universities of 10,000 students shall allow internal ADUs in 33% of the area zoned primarily residential.

Part 2: Standards

• An internal ADU must exist inside the footprint of the home, be a detached dwelling, and be the primary dwelling of the owner of record.
• An internal ADU must comply with health, building, and fire codes, and have rental agreements for at least 30 days.
• A city may require a business license, that the dwelling exterior appearance not be altered, and one on-site parking spot.
• A city may prohibit the installation of a separate utility meter for an internal ADU.
• A city may decline an internal ADU in a mobile home, for a dwelling with a failing septic tank, or on a lot of 6,000 square feet or less.
• A city may not regulate the total internal ADU size, lot size, or frontage.

Part 3: Enforcement

• Cities and towns may use short-term rental websites to ensure that internal ADUs are not advertised or rented as vacation rentals.
• Cities and towns may impose a lien against the owner that, after a period to cure compliance issues, has a daily fine of up to $1,000.