Many Arizona cities have already acted in recent years to address a lack of affordable housing by passing regulations concerning guest casitas or small homes for rent on lots containing single-family homes. However, during the most recent legislative session, the Arizona legislature made major changes in state law addressing the same subject. If you need legal advice about a guest casita or other real estate issues, an Arizona real estate attorney at Provident Law® can assist you.
Gov. Katie Hobbs signed the bipartisan House Bill 2720 into law earlier this year, designed to help address the housing shortage across Arizona. HB 2720 legalizes the construction of accessory dwelling units (ADUs), also known as casitas or guest homes. The law defines an ADU as “a self-contained living unit that is on the same lot or parcel as a single-family dwelling of greater square footage than the ADU, that includes its own sleeping and sanitation facilities, and that may include a kitchen.”
Under the new law, any municipality with a population of at least 75,000 must adopt regulations allowing all new single-family lots and lots containing single-family homes located within one mile of “central business districts” to build at least one attached and one detached ADU. Owners of certain larger lots could build up to three ADUs. The new law does not affect newer single-family home areas covered by homeowner’s associations.
Furthermore, the law restricts the regulations that municipalities can adopt concerning casitas or ADUs. For instance, a municipality cannot ban advertising a single-family home or a casita on the lot as separately leased long-term rentals.
Additionally, the law prohibits a municipality from requiring that:
- A resident of the casita must be a relative of the people living in the single-family home on the same lot;
- The lot provides additional parking for casita residents;
- The casitas match the exterior design, roof pitch, or finishing materials of the single-family home on the same lot;
- Set restrictions for casitas that are more restrictive than those for single-family homes within the same zoning area concerning height, setbacks, lot size or coverage, or building frontage;
- Set rear or side setbacks for casitas that are more than five feet from the property line;
- Require improvements to public streets as a condition of allowing casitas, except as necessary to reconstruct or repair a public street disturbed as a result of the casita construction;
- Require a restrictive covenant concerning a casita on a lot zoned for residential use by a single-family dwelling; or
- Comply with commercial building codes.
Some larger cities, including Phoenix and Tucson, already had municipal rules that allowed at least one casita with some restrictions. However, the new state law will supersede existing city rules.
Contact Us Today for Legal Help with Arizona’s Guest Casita Law
You will find a real estate attorney at Provident Law® to assist you with your legal needs regarding casitas or other similar issues. Our attorneys have over 200 years of combined legal experience. We aim to build a relationship with you and all our clients as we work with you through your most complex legal problems. Call us today at (480) 388-3343 or contact us online to see what we can do for you.