Accessory dwelling units: proof of residential occupancy requirements.

Assembly Member Boerner's proposal to modify California's accessory dwelling unit (ADU) regulations would authorize local agencies to implement new residential occupancy requirements for ADU owners. The measure permits agencies to require property owners to certify that their ADUs serve as residential dwelling units for at least six months of each calendar year.

Under the proposed changes, local agencies could conduct annual recertification of ADU occupancy status through owner self-certification for the first 10 years after unit construction. The bill establishes specific parameters around enforcement - agencies must provide ADU owners with at least two notices regarding recertification requirements. The legislation explicitly prohibits agencies from requiring unit demolition for occupancy requirement violations and limits any non-compliance fines to "reasonable" amounts as defined in existing state code.

The measure maintains current provisions allowing local agencies to require ADU rentals of 30 days or longer while establishing these new certification protocols. Local agencies would need to develop systems for tracking certifications and managing the notification process for ADU owners within their jurisdictions. The requirements would apply to both existing ADUs and newly constructed units going forward.