Bill > A3488

Introduced Session

This bill permits an accessory dwelling unit on a lot that contains a single-family dwelling. Municipalities are to adopt or amend existing land use regulations to authorize a person to develop an accessory dwelling unit on a lot owned by the person, and located within an area meeting the requirements of the bill. The bill provides that a municipal zoning ordinance may require a principal dwelling unit with an accessory dwelling unit to be subject to the same dimensional controls and other controls, except for residential density controls, as are required for the same principal dwelling unit without the accessory dwelling unit, as long as the restrictions do not prohibit the construction of an accessory dwelling unit on any individual lot that contains a single-family dwelling, Land use regulations adopted or amended pursuant to the bill are to provide that an accessory dwelling unit is a permitted use as of right on a lot if a primary dwelling exists or is being proposed on the lot, and the lot is located within a zone in which a single-family dwelling or a two-family dwelling is permitted under the municipal land use regulations. The bill requires that a municipal zoning ordinance is to be prohibited from requiring: 1) a passageway between an accessory dwelling unit and a principal dwelling unit; 2) an exterior door for an attached accessory dwelling; 3) more than one parking space for an accessory dwelling unit; existing and available on-street parking are to satisfy this requirement; no parking space is to be required if the accessory dwelling unit is located within one half-mile of public transportation service; 4) a familial, marital, or employment relationship between occupants of a principal dwelling unit and an accessory dwelling unit; 5) a minimum age requirement for occupants of an accessory dwelling unit; 6) a separate billing of utilities otherwise connected to, or used by, the principal dwelling unit; 7) a minimum floor area for any dwelling unit that is greater than the minimum floor area set pursuant to the "State Uniform Construction Code Act" and any regulations adopted thereafter (UCC); or 8) periodic renewals for permits for accessory dwelling units. Nothing in the bill is to be interpreted to exempt an accessory dwelling unit from: 1) applicable building code requirements pursuant to the UCC; 2) the ability of a municipality to prohibit or limit the use of an accessory dwelling unit for short-term rentals or vacation stays; or 3) sewerage system related requirements where a private sewerage system is being used, provided that approval for an accessory dwelling unit is not to be unreasonably withheld. A municipal agency is not to condition the approval of an accessory dwelling unit on the correction of a nonconforming use, structure or lot, or require the installation of fire sprinklers in an accessory dwelling unit if sprinklers are not required for the principal dwelling unit located on the same lot. An accessory dwelling unit is not to be considered a new residential use for the purpose of calculating or imposing connection fees or capacity charges for a purveyor of water and sewer service, unless the accessory dwelling unit is constructed together with a new single-family dwelling unit on the same lot, or requires the installation of a new or separate utility connection directly to the accessory dwelling unit. The bill provides that if a garage or other covered parking structure or any parking space within the structure is removed in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the municipality is not to require that those off-street parking spaces be replaced. A municipality may include an owner-occupancy requirement in its enabling ordinance that requires the main unit or the accessory unit to be occupied by the property owner, but may not dictate which unit is to be owner-occupied. The ordinance may provide for penalties and remedies for non-compliance. The bill provides that a municipality may not impose additional standards beyond those provided for in this bill related to the regulation of accessory dwelling units. The bill provides that an application to develop an accessory dwelling unit is to be considered and approved as a ministerial action without a public hearing, and without review beyond that necessary to determine compliance with the provisions of the bill or, if the municipality has adopted land use regulations consistent with those provisions, the municipality's land use regulations. If the municipal agency does not act upon a complete application within the 60-day time period, the bill provides that the application is to be deemed approved unless an applicant agrees to toll the 60-day time period allowed for a municipal agency to render a decision on an application. A municipal agency may charge a reasonable fee to cover the costs associated with reviewing and approving an application to develop an accessory dwelling unit. Lastly, the bill provides that a municipality is not to interpret and apply a provision of any other municipal ordinance, policy, or regulation so to delay or deny approval of an application to develop an accessory dwelling unit.

AI Summary

Committee Categories

Yvonne Lopez (D)*, 

Introduced, Referred to Assembly Housing Committee (on 01/13/2026)

Official Document