In-Law Suite/ADU Laws in the DMV?

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In-Law Suite/ADU Laws in the DMV?

Joseph Ayoub
New to Real Estate · Washington, D.C. · Member since 2019 · 28 posts · 23 votes

Hey all, I'm looking for my next house hack in the DMV and since inventory has been pretty low, I'm considering adding an in-law suite or ADU to a potential property. My question is does anyone have experience doing this in the metro DC area (PG County, Montgomery County, Washington, D.C. Alexandria, Arlington, or Fairfax County) and if so, can you tell me about your experience? Specifically, I want to know what the process looks like, the legalities behind it, zoning considerations, etc. I want to make sure that if I add an in-law suite or ADU it is legal and if I move out, the property will still be legally rentable. So depending on the ease/information, it will help me narrow my search to a more specific market.

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Leo Watts
Real Estate Agent · Washington, DC · Member since 2017 · 109 posts · 93 votes
5y

As Russell said, the distinctions vary and can be quite restrictive, which most ADUs only being allowed to owner occupants, meaning you can live in the ADU and rent on the house or vice versa, but technically it's not allowed once you've moved out, though I'm not sure how this is actually enforced.

There's also quite a bit of confusion in DC on the distinction between ADUs and creating a separate legal rental through a 2 unit or more flat conversion, even at DCRA, which looks similar to creating an ADU but is a distinct process that yields multiple separately metered and legal rental units, with no owner occupancy requirements.

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y

    The process is extremely different in each county/district in the area. As of now, you're pretty much limited to DC, Arlington and Montgomery County. Alexandria is currently having hearings on the issue. 

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  • Leo Watts
    Real Estate Agent · Washington, DC · Member since 2017 · 109 posts · 93 votes
    5y

    As Russell said, the distinctions vary and can be quite restrictive, which most ADUs only being allowed to owner occupants, meaning you can live in the ADU and rent on the house or vice versa, but technically it's not allowed once you've moved out, though I'm not sure how this is actually enforced.

    There's also quite a bit of confusion in DC on the distinction between ADUs and creating a separate legal rental through a 2 unit or more flat conversion, even at DCRA, which looks similar to creating an ADU but is a distinct process that yields multiple separately metered and legal rental units, with no owner occupancy requirements.

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  • Joaquin Camarasa
    Real Estate Agent · Springfield VA · Member since 2018 · 479 posts · 400 votes
    5y

    I agree with both @Leo Watts and @Russell Brazil you would need to be more specific each county has it's own regulations. I can add that it looks also Fairfax county is on the process to approve changes to the current zoning ordinance. As of now, you could only have a legal ADU by renting to residents who are over 55 or who have a disability. The new zoning ordinance would remove the age requirements. However, as Leo mentioned the moment you move out you would not be able to rent the ADU. It is only possible when it is owner occupied.

    https://wtop.com/fairfax-county/2021/03/zoning-change-would-make-it-easier-to-convert-apartments-in-fairfax-county/

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  • Joseph Ayoub
    OP
    New to Real Estate · Washington, D.C. · Member since 2019 · 28 posts · 23 votes
    5y

    Thanks for the responses, they have all been really helpful! As a follow up question, in the jurisdictions where you have to be an owner occupant, does that mean you have to remove the ADU or basement apartment? Or does it mean that you only rent the property as a single unit? For example, if I house hack in DC and create an approved basement apartment type ADU with a kitchen, do I have to remove the kitchen when I move out, or do I just rent the entire property?

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  • Katelyn Seng
    Member since 2021 · 3 posts · 0 votes
    5y

    I want to start with an adu on my property before building the main house. Is that possible?

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  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    5y
    Originally posted by @Joseph Ayoub:

    Thanks for the responses, they have all been really helpful! As a follow up question, in the jurisdictions where you have to be an owner occupant, does that mean you have to remove the ADU or basement apartment? Or does it mean that you only rent the property as a single unit? For example, if I house hack in DC and create an approved basement apartment type ADU with a kitchen, do I have to remove the kitchen when I move out, or do I just rent the entire property?

     You rent out the entire house as 1 unit, remove 2nd stove.

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  • Payton Chung
    Developer · DC & NC · Member since 2019 · 113 posts · 95 votes
    5y

    Two DC-specific ADU resources from CSG:
    Booklet https://www.smartergrowth.net/...

    Forum https://groups.google.com/g/ad...

    I imagine there'll be legislation later to remove the owner-occ requirement.

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