AB 1584 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 1584	CA	2021	D	Accessory dwelling units regulations, Affordable housing incentives and financing, Declare HOA rules void, Homeowner association rules, Manufactured Housing

Provided by Furman

Summary

Sections 1 and 6 of the bill mandate that any covenant, condition, or restriction (CC&R) contained in a deed, contract, or other legal instrument (such as those in HOA governing documents) is void and unenforceable if it effectively prohibits or “unreasonably restricts” the construction or use of an Accessory Dwelling Unit (ADU) or Junior ADU (JADU) on a single-family residential lot. This applies to all residential real property, closing previous gaps where some private deeds attempted to bypass state ADU standards.
It mandates that HOA boards amend their governing documents by July 1, 2022, to remove such prohibited restrictions without requiring a full membership vote.
“Unreasonable” restrictions include:

Significantly increases the total cost of construction.
Acts as a de facto prohibition on the unit.
Prevents an owner from building a unit that already meets the state’s minimum standards regarding size, height, and setbacks.

Provided by lawmakers