REGION — That it’s more expensive here to find a home isn’t the question. [See sidebar.] Buying or renting, it doesn’t matter. The end result, some say, is that the non-wealthy are squeezed out of housing. What would the region look like then, and who would live here?

Officials both at the local and state level have been looking for solutions. One is the accessory dwelling unit (ADU).

The tiny house

It’s a mother-in-law house or a granny flat or a place for the grown kids who have returned home. Sometimes it’s rented out by a landlord who lives in the main house.

An ADU is built on the same lot as a single-family or multifamily home, according MaxableSpace.com. Sometimes it’s carved out of the main house itself.

The hope of being able to easily build them has spawned an industry. Websites like MaxableSpace update interested parties on changes in the laws, how to navigate the zoning and planning processes, and offer design tips.

Regulations differ by state and local government. In Pennsylvania, the rules depend on where you live. Those who want to build an ADU should contact the zoning officer for your township.

In New York, it’s more complicated.

At the moment, ADU regulations are localized. The Action Network, a progressive group, slammed the New York ADUs as badly needed but impossible or cost-prohibitive to build.

“And the ADUs that New York does have—such as the tens of thousands of basement apartments in New York City—are frequently unpermitted and are rented in a shadow market where tenants lack the safety and other legal protections that they deserve,” the organization said in a sample letter to be sent to state legislators.

A bill that streamlined permitting of ADUs, among other changes, was proposed a year ago. “Best of all,” a post on MaxableSpace said, “the bill proposes that ADUs be allowed in all areas zoned for single- or multi-family use, and on all lots with an existing residential use.”

Here’s the part that has concerned local lawmakers: “Your city will not be able to pass rules that prevent you from building an ADU as long as you comply with the state’s standards. That’s a game-changer!”

Indeed.

“We are a home-rule state,” said Town of Callicoon supervisor Tom Bose. Local government should be in charge of zoning decisions. “We can handle it on our own.”

The advantages of ADUs

Accessory dwelling units could help solve the housing crisis, which is why the original bill was introduced in the first place.

“By giving homeowners the opportunity to create ADUs, the bill will give critical help to both homeowners and renters,” according to a press release from January 27, 2021. ADUs could create new affordable housing without “changing the built character of a neighborhood,” and could also diversify segregated neighborhoods, said state Sen. Pete Harckham (D-40) and Assembly member Harvey Epstein (D-74); they introduced the measure.

“With respect to affordable housing, accessory dwelling units do have the potential to add smaller, less expensive units to a community’s housing stock, as well as provide an income stream to the primary residence that would make home ownership more affordable,” said Sullivan County planning commissioner Freda Eisenberg in an interview back in October.

“It’s a place for our aging parents,” said Bose. And for grown kids. He talked about the increases in home prices. Providing more affordable housing could be a start; ADUs could even be part of the answer.

The disadvantages

That said, there are concerns.

The bill as originally proposed might remove local control from the decision of what an ADU should be and how they would be used, as stated above.

Could they be used as short-term rentals? The bill does not allow that, Eisenberg said. ADUs could, however, be used as seasonal rentals. That wouldn’t help full-time residents.

What about safety? That could translate into inadequate conditions or more parked cars that could block trucks in event of a fire. The website of the city of San Jose, CA listed numerous dangers, starting with difficulty in accessing a backyard ADU if there was a fire. “A fire in an ADU can easily spread to fences, neighboring structures, and the main home. ADUs may be inhabited by elderly or disabled persons who may not be able to move quickly or take necessary actions.”

The city also listed mitigation measures,

And then there’s density. As of now, that’s still a local-government matter; attend zoning meetings. Whether you’re pro-ADU or con-, getting involved is a good way to make your voice heard.

Code thoughts

The American Planning Association has suggestions for residents hoping to reshape their zoning. Common ADU regulations include requiring owners to live on the property, “dimensional and design standards to ensure neighborhood compatibility, and off-street parking requirements.” Minimal lot sizes can be set, or the number of occupants can be limited.

Some codes require ADUs to only house family members or household employees, but “this type of restriction can severely limit the potential for ADUs to address a shortage of rental housing.”

Source: https://www.planning.org/knowledgebase/accessorydwellings/

The New York bill is still in committee. In October 2021, a hearing was held and a number of local officials and affordable-housing advocates testified to the Assembly committees on local governments, cities, housing and the judiciary. The officials weighed in on the importance of allowing local governments to make zoning decisions. Advocates for loosened regulations discussed the safety issues posed by illegal ADUs and the need for affordable housing.

What to do?

It all comes back to working with your zoning board, Bose said. And try talking to people: if you live near someone interested in building an ADU, getting to know that neighbor and their situation is a good start.

Sullivan County’s planning department was awarded a $1.5 million community development block grant, Eisenberg said. It will support affordable home ownership, mobile home replacement and critical maintenance on existing homes. “All benefits go to income-eligible recipients,” she said.

The county’s land bank is also looking for a developer to acquire and fix up a five-unit apartment building on High Street in Monticello, and turn it into four quality rentals, she said. Interested parties should contact the land bank for the RFP.

Local officials are well aware of the affordable-housing problem, Bose said. Fixing it “is what we’re elected to do.”