Does city need to allow a JADU on a two-house R-1 property?

[Kevin Walsh]

I am looking for a real estate lawyer who has knowledge of ADU (accessory dwelling unit) law in California. I'd appreciate recommendations.

My question: Is the city of Hawthorne required to allow an existing 450sf JADU (junior accessory dwelling unit) on a property with two single family homes that has since been downgraded to R1 single family? The houses were built in 1978, the R-1 down-zoning happened some time after, and the JADU was built unpermitted in 2016.

I think they might be required to allow the JADU based on new state laws encouraging ADUs but I am having trouble being sure about that for this particular situation. In my ideal interpretation, I would be allowed a JADU and ADU for each of the separate homes because they are physically separate and so not considered multifamily under the law. I could also interpret that a JADU is allowed but not an ADU since there is already a separate home on the property.

Does anyone have ADU experience in Hawthorne? Do they require ongoing owner-occupancy for the JADU as some cities do?

[Rick Perez]

Hi Kevin, I am not an attorney, however I work for a hard money lender as a Valuation Specialist. We come across similar situations where an investor wants to maximize an acquisition by converting garages into ADU's and adding JADU's. Part of my process is to verify what the borrower's future plans are. If they plan on adding an JADU, they the process stops because JADU's require owner occupancy. Since it is an investment loan, they can not house hack or occupy the subject in any shape. Does the JADU would be no conforming to our lending underwriting.

Your situation appears a bit complex, but I believe that there maybe a grandfather clause applying to your situation here. Perhaps you can look into legalizing the addition and having a JADU if you are owner occpied.

Good Luck.