Q: We have room in the back, and a structure that could be an ADU there, but not sure if it’s legal. What is the law?
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A.M., Lawndale
A: ADU stands for accessory dwelling unit. Statutes on point in California are found at Government Code Sections 66310 through 66342. The laws are friendly in our state, with limits on the ability of cities and counties to unduly restrict or preclude ADUs.
Some examples of an ADU are a garage conversion, an addition that is attached to the main house, and a detached backyard cottage. There is also what is referred to as a “junior ADU,” which often is no more than 500 square feet and is put together within the existing home.
Generally, the lot owner of a single family residence or multifamily building is the one who may construct an ADU. The city typically cannot reject the ADU so long as it satisfies state law. The city or the county can regulate certain aspects, however, such as height, design standards, setbacks, and fire and building safety. One or more building permits will be necessary, as is compliance with building codes. In addition, an ADU is subject to inspections for electrical, plumbing and mechanical. These aspects of the process are not exhaustive so consultation with a qualified professional could be quite useful for you.
Q: I went on a date. We were at a home, but the gathering was in the ADU portion. Unfortunately, I fell on a defective floor. I plan to bring claims, but not sure just who is responsible. Can you say?
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O.V., Inglewood
A: Basic law here is that the party or parties who own, control and/or maintain the property have a responsibility of due care to keep the premises safe, and not dangerous for visitors who are legally there. In your situation, liability may be with the ADU tenant, or possibly the owner of the property that houses the ADU, or perhaps both. More facts are needed to know what happened, and who should have done what so that your fall did not occur. If a third party manages the ADU, then that person might be liable in whole or in part.
Keep in mind that you have to be able to demonstrate there was a dangerous condition, and that the party or parties you are pursuing knew or should have known of the foreseeable risk of harm.
ADU handbook
A good resource is available online at the California Department of Housing and Community Development, specifically an ADU handbook aptly entitled “Accessory Dwelling Unit Handbook.” Here is the link: . The handbook is around 50 pages and among other topics has answers to frequently asked questions.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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