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Endnotes
<br />1 See MissingMiddleHousing.org.
<br />2 Find the average size of a single-family home, the square footage per person, the number of new homes that began construction and
<br />gross domestic product per person, starting in 1920. "Size of a Home the Year You Were Born," Evan Comen, Michael B. Sauter, April 5,
<br />2019, 247wallst.com
<br />3 "California ADU Growth by City from 2012-2019, Charted," August 22, 2020, BuildingAnADU.com..
<br />4 Kol Peterson, AccessoryDwellings.org.
<br />5 "Housing Vancouver," City of Vancouver, Progress Report and Data Book to Council (June 2020), pages 7, 8, 25. Vancouver.ca.
<br />6 Jessica Lee, Greta Kau[, "ADUs Were Supposed to Help Minneapolis' Housing Crunch. How's That Working Out?" May 1, 2019, MinnPost.com.
<br />7 Revised Code of Washington 43.63A.215.
<br />8 California Government Code 65852.150.
<br />9 New Hampshire RSA 674:71-73.
<br />10 Oregon Revised Statutes 197.312(5).
<br />11 § 45-24-37 (limited to use by persons over 62 or with disabilities).
<br />12 24 Vermont Statutes Annotated Section 4412 (E).
<br />13 The revisions made as the result of passage of one Senate and five Assembly bills are summarized in the California Department of
<br />Housing and Community Development's Accessory Dwelling Unit Handbook, pages 4-7 (September 2020).
<br />14 Oregon Revised Statutes 197.312(5)(b)(B), 455.610(8), (9) as amended or added by Oregon House Bill 2001 (2019), HCD.co.gov.
<br />15 Vermont Senate Bill 237 signed by the Governor and effective October 12, 2020, amending 24 Vermont Statutes Annotated §4412(1)(E),
<br />24 Vermont Statutes Annotated § 2291(29) and 27 Vermont Statues Annotated §545.
<br />16 2019 Florida Statutes online §163.31771.
<br />17 30-A Maine Revised Statues Annotated §4301, sub-§1-B.
<br />18 Hawai'i Revised Statutes §46-4(c).
<br />19 Accessory Dwelling Unit Legislotion:An Overview of State Policy, American Planning Association (APA) and AARP, 2021.
<br />20 ADU Program Guide, City of Portland, Oregon, March 2019, Portland.gov..
<br />21 City of Portland, Oregon, "Converting Attics, Basements and Garages to Living Space," February 2019, Portland.gov
<br />22 Here is an excerpt from a 2018 letter sent from a bank to a prospective borrower. It discusses an owner occupancy covenant on the
<br />property that would be required as a condition of approval for construction of an ADU: "1 have reviewed the Accessory Dwelling Unit
<br />Covenant and as a lender 1 have a number of concerns: 1. The covenant does not provide the lender with protections in the case of a
<br />foreclosure or deed in lieu of foreclosure as the restriction will affect marketability of the property. The covenant requires at least one
<br />of the units be owner -occupied. In a market where there is a demand for investment property, this limits the pool of potential buyers
<br />thus affecting the sales price and marketability of the property. A potential homeowner or home purchaser may have a difficult time
<br />obtaining conventional financing with this deed restriction; 2. Your covenant states that the owner needs to occupy the residence, if the
<br />lender forecloses the lender can clearly not occupy the property and will be in violation of your proposed covenant." Another example
<br />is provided by a reply to a request from homeowners asking their mortgage lender to consent to an owner occupancy covenant, which
<br />was required by the local government as a condition of approval of an ADU that the homeowners hoped to build. The mortgage lender
<br />replied: "The proposed Accessory Dwelling Unit Covenant would place certain limitations on this property, and as such could be construed
<br />as a transfer of interest in the property. [The bank] is not able to provide consent to such transfer at this time."
<br />23 24 Vermont Statutes Annotated § 4412 (1)(F)(2) and 24 Vermont Statutes Annotated § 2291(29) as amended by Sections land 3 of
<br />Vermont Senate Bill 237, signed by the Governor and effective October 12, 2020.
<br />49 1 HARP - Accessory Dwelling Units: Model State Act and Local Ordinance
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