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03-09-26-WS
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03-09-26-WS
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OtherADUs that were nonconforming may be made conforming by subsequent code revisions, such as those <br />proposed in the Model Local ADU Ordinance, and an application and receipt of a permit. <br />The continued existence of illegal ADUs may actually be encouraged by harsh regulations, excessive fees and tedious <br />application procedures. <br />Many ADU owners strongly resist legalization out of a fear of higher (and possibly unaffordable) property taxes, fines, <br />legal sanctions, income taxes on rental income, the costs of conforming to local codes and the possibility that code <br />inspectors will discover a variety of code violations. <br />For these reasons, programs to accommodate illegal ADUs have not been very successful. In addition, most <br />communities have limited budgets for enforcing ADU regulations, meaning that code enforcement relies on specific <br />complaints. Thus, most communities simply ignore illegal ADUs. <br />Especially challenging are the large numbers of unpermitted units in working class and poor neighborhoods <br />with high housing costs. The number of unpermitted units can be so great that they cannot be treated as a minor <br />compliance problem that can be remedied quickly. <br />In these places, unlike in many other neighborhoods, water and sewer systems are overtaxed due to high population <br />densities and low revenue from system development charges over time (given that most of the added units are <br />unpermitted). A grant program or long-term investment strategy is needed to allow for infrastructure capacity and <br />state -of -good -repair upgrades. <br />Regulations imposed on units applying for amnesty in these areas need to distinguish between matters of true health <br />and safety (adequate egress, electrical wiring, light, ventilation, etc.) and other concerns (parking, setbacks, building <br />heights, etc.). <br />Amnesty should not be an all -or -nothing process. There should be some sort of mechanism for graduated compliance <br />over time (perhaps several years), with the most urgent life -and -death conditions being fixed first and others later. <br />Onerous utility -related requirements (such as fully separate water and sewer main connections) may be <br />counterproductive. Many or most homeowners going through amnesty will need technical assistance and perhaps <br />grant funding. Grant funding should be justified on the basis of an amnestied ADU typically costing for less than the <br />city subsidies needed for a below market new construction housing unit. <br />There are many entities, such as nonprofits and university planning and architecture departments, with which a city <br />can partner for technical assistance. <br />A city can also require affordable rent concessions as a condition of amnesty, at least for middle- and higher -income <br />homeowners. <br />Some benefits accrue to communities that legalize illegal ADUs. If illegal units are tolerated, the risk <br />increases that other people will be encouraged to have illegal units. In this instance, it can be quite important for <br />community leaders to make the statement through ADU regulation that they are committed to the public interest, <br />as demonstrated by requirements that owners of illegal ADUs come forward and legalize their units, coupled with <br />a commitment to the kinds of funding and assistance programs for moderate- and low-income homeowners <br />47 1 HARP - Accessory Dwelling Units: Model State Act and Local Ordinance <br />
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