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Homeowners Allowed to Spin Off Casitas as Condos

By June 13, 2024No Comments

By Kate Talerico | The Mercury News

San Jose this week became the first city in California to make it legal for homeowners with backyard cottages to sell those properties separately as condominiums.

Construction of accessory dwelling units, or ADUs, has taken off in recent years, as property owners take advantage of new streamlining laws that makes them easier to build. San Jose’s ordinance allowing homeowners to buy and sell their ADUS separately from their primary homes will take effect July 18.

It remains to be seen how many people choose to sell an ADU, rather than renting it out or using it as an addition to their home. But Mayor Matt Mahan said any new option for homeownership is a boon for the city.

“ADUs are one of many solutions to expanding our housing stock,” Mahan said in a recent interview. “The ability to sell them as their own asset will serve an interest in the development of ADUs in the community.”

In 2023, California added more ADUs than ever — 22,802 — representing one in every five new homes around the state. As the state looks to build 2.5 million homes before 2031, advocates see these units as a way to add supply without marked changes to the look and feel of a neighborhood. The bill, AB 1033, which passed in last year’s legislative session, allows cities and counties to permit such sales.

Housing advocates say that by allowing these smaller, denser homes to be put on the market, the supply of “naturally occurring” affordable housing will increase.

“By virtue of these being smaller homes on smaller lot sizes, we expect them to trade at significantly cheaper prices than single-family homes in San Jose,” said John Geary, CEO of pre-manufactured ADU company Abodu. Attached ADUs can be up to 1,200 square feet on lots of 9,000 square feet or larger. On smaller lots, their maximum size is 1,000 square feet, meaning someone who buys an ADU as a condo couldn’t tear it down and build a large home in its place.

The median listing price per square foot in San Jose was $832 in May, according to the Silicon Valley Association of Realtors, meaning that a 1,000-square-foot ADU might sell for around $832,000. Meanwhile, the median single-family home in San Jose — typically around 1,700 square feet — sold for $1.4 million.

“This will create opportunities for homeownership at price points not currently being met by the market,” said Mathew Reed, policy director for the pro-housing group SV@Home.

The bill, AB 1033, which passed in last year’s legislative session, also provides homeowners with an opportunity to make money on their homes without having to sell, which they may be reluctant to do with mortgage rates currently hovering around 7%, he added.

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Related:
One Out of Every 5 New Homes Built in California Last Year was an ADU
What Is Holding Housing Back? (Part 2 of 2)