AB 345 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 345	CA	2021	D	Accessory dwelling units regulations

Provided by Furman

Summary

Requires local agencies to permit an accessory dwelling unit to be sold or conveyed separately from the primary residence to a qualified buyer when statutory conditions are met, changing from discretionary (“may”) to mandatory (“shall”). Clarifies that references to “the property” in those conditions can apply to either the accessory dwelling unit or the primary dwelling.
Imposes additional requirements for tenancy-in-common agreements recorded on or after December 31, 2021, including: a delineation of areas reserved for the exclusive use of each cotenant, with each cotenant agreeing not to claim occupancy rights in another’s exclusive area; a delineation of each cotenant’s responsibility for taxes, insurance, utilities, maintenance, repairs, improvements, and other costs or liabilities; and procedures for resolving disputes among cotenants before pursuing legal action. Notes that cost-sharing provisions bind only the parties to the agreement and do not override legal or third-party liability.
Applies to properties built or developed by qualified nonprofit corporations and held pursuant to a recorded tenancy-in-common agreement.

Provided by lawmakers