ADU Prohibition Areas

Lars202
Level 2
Long Beach, CA

ADU Prohibition Areas

For states and local jurisdictions prohibiting short-term vacation renting in ADUs, do you know any host who successfully found a “workaround?”  I’ve heard that some owners are claiming their ADU as their primary residence to legally side-step local and state directives such as in California. I heard other owners that modified their existing guesthouse (i.e. deconstruct/minimize a kitchen) so it no longer qualifies as an ADU in order to continue hosting a vacation-rental. I’m thinking about doing one of these things to keep my STR in business and wondering if anyone legally succeeded doing this and obtained official permit to vacation rent in ADU-prohibited areas based on these conditions/modifications. Would also appreciate any input from Airbnb reps on this topic. Is there any other recourse to keep my established STR... in lieu of converting it to a long-term offering?

Lars Sahanaja
3 Replies 3
Rod2227
Level 2
Los Angeles, CA

I'm in Los Angeles, beginning construction to convert my detached garage into and ADU with plans to do STR.   Most of what I've read says it is not allowed, but I've heard a possible workarounds.  This is my primary residence.  I've heard a couple of possible workarounds. 

1.  Put the ADU and rental into an LLC   

2.  Add a breezeway that connects ADU to main house, and claiming that it's attached to primary residence.  

 

Were you able to find out anything further and have you been able to continue STRs?

 

@Rod2227 For LA, the only effective recourse I've heard is that the owner has to occupy their ADU and claim their ADU as their primary residence in order for it to be used for STR. I suppose if you can somehow get plans drawn up so City Planners will deem your renovation habitable without determining it to be an ADU, that is also possible. But even with an attached breezeway, LA City Planning may still label it a Junior ADU and hence still subject to STR prohibition...unless your renovation leaves out a defining element of an ADU, like a kitchen. I'm curious to know if others have succeeded with the LLC route. Please let me know how things progress.

 

I got my situation resolved with the City of Long Beach. It was an existing guesthouse in which the City wanted me to re-permit as an ADU. I had to get a lawyer and fought back and was able to have it grand-fathered as-is and therefore have been able to continue to legally STR it as an existing maid's quarters (not an ADU).

Lars Sahanaja

hi Rod, I'm running in this situation right now. Would love to hear your experience in this. Please text or call me at **  . would really appreciate it! 

 

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