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All Forum Posts by: DAn L.

DAn L. has started 3 posts and replied 19 times.

Post: Thoughts on Tiny House in backyard for extra income

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

In reply to: 

Joe Splitrock (Moderator) - Rental Property Investor from Sioux Falls, SD

replied 6 months ago

In most places these are considered storage/work sheds and are being illegally used as sleeping rooms. Building code is different for the two. Keep in mind just because people do something doesn't make it legal. It may never be an issue, but if there was a fire or some other litigation, the violation of building code could be used against the owner. Best answer is call your local building/zoning office before doing this. If you are afraid to call them, you already know the answer."

That's not necessarily the case. City code is inferior to State law. State law is inferior to federal law under the Supremacy clause of the constitution. If State reps (Congress) vote to make a federal law, then NO State or city is exempt from it. What makes the Fair Housing Act (see MLK history) special, is that the feds are there to defend it. That means with a simple phone call to HUD to complain, the city code department itself gets investigated for interfering with a person having a roof over their head. It's that simple. Once a person is living in the tiny house or "shed" then it becomes their castle, and the city pressuring you to evict the "illegal tenant" becomes a matter of public interest to the feds, if that person living in the shed is your caretaker (takes out the trash because you have a bad back with doctor's note to prove it), or you are over the age of 60 ("apparently disabled" according to courts).

I don't want to argue with people.  I have several clients living in these now.  Without the disability, then the city can call your unit a "illegal rental."  


I'm really surprised everybody doesn't do this.  You can discount the rent to someone in need, because of the disability, but that disability (I don't care if it's anxiety disorder- it counts) is what protects that tenancy from being a "illegal rental" under city code, because city code is no longer the prevailing jurisdiction, federal law is.  It amazes me how people haven't gotten their heads around the concept.  I guess because most people are sheep.  They ask for permission...always.  

Post: Thoughts on Tiny House in backyard for extra income

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

Do you ask for permission or forgiveness?  What type of person are you?  

My suggestion to people is to just build it, have your disability story ready (tenant is disabled or homeowner is disabled- and caretaker lives in the tiny house), and just go on about your business.  You can go for years (or ever) and pay off the tiny house and make some money before getting a knock on the door from the city.  And if that happens, 4th amendment applies, and you can still get a retroactive permit, if you want, invoking the Fair Housing Act for disability.  And, a 1% disability still counts.  It's like being 1% pregnant.  And, medical records are PRIVATE.  No ding-bat bureaucrat at the "building department" is entitled to a copy under another federal law- HIPAA.  You only have to have those records, as evidence, in case you have to flash them to the judge (if it ever gets that far....so far none of my clients have- the city just backs off completely when invoking this law, because they don't feel like getting investigated for HOUSING DISCRIMINATION by the feds, much less fight the DOJ and lose in court, if they want to go there- go read the cases- the city loses EVERY TIME....invoking federal law....it's like garlic to a vampire...the code people hiss, but go away, searching for easier prey).  

It's so funny how subservient you all have become to "code" when "code" is not "law."  We, as American's, have fallen so far from understanding who we ARE, and instead now take orders from bureaucrats.  It was NEVER supposed to be that way.  The "out" that I'm giving you is a federal law (superior to any local code under a thing called the constitution- have you ever read it?  It's so funny, because few people actually have- it's only 11 pages for Christ's sake...but worse, few people understand the history behind it, or the legal precedents/miracles it created).  FEDERAL LAW IS SUPERIOR TO ANY STUPID CITY CODE!!!!  Please re-read that sentence if you don't understand.  

If you want to apply federal law, you have to ASK, or INVOKE (like sending a letter- I prefer certified) because a code idiot/official will say "I can't give you legal advice."   They will tell you NOTHING about federal law exemptions, while happily running you in circles with "code."   However, if you do not ASK you do not GET, so play in their sandbox you all will continue to play.  If you don't ask for federal protection, then the retard behind the desk will assume you are a government employee, because you didn't say otherwise, so you get CODE, and they will keep the conversation in CODE, because you don't know any better, and neither do they!!!!  However, if you ask for "reasonable accommodation" under federal law, you will turn the tables, and now the conversation is "how can the city accommodate me?  And further, how can the city do that now that the unit is occupied?"  (hint: do you want permission or forgiveness, because you can't have both....well you can...if you ASK).  Now that you've REQUESTED, they now have to ACT according to federal law, and CHANGE their "code" if necessary to accommodate the situation- don't believe me?  Go read the court cases- I think I mentioned the Boca Raton case....it's excellent.  

What's reasonable?  Well, that's really up to you, isn't it?  Or a court...but it should never get that far, because the city has already given up, usually.  So, if you (your tenant living in the tiny house) don't have a dog that bites neighbors, or mental disorder that has you getting into fist fights with your neighbors (either would invoke the "direct threat" exception to the Fair Housing Act), you can basically do WHATEVER THE HELL YOU WANT, as long as it's "reasonable" to the DISABILITY involved.  Seen a "no pets allowed...except service animals" sign lately?  Same legal concept ("reasonable accommodation" because to do otherwise would be essentially denying some people the right to shop for groceries).  You are just applying the principle to housing.  

Why do you think building departments and housing generally are such an expensive PITA?

What we have today is a near perversion of the Common law, and it has been slipped into Equity law.  For those who have studied law, this should evoke some nodding heads.  One has to ask "Cui Bono" and run down the rabbit hole as to "why?"  However, it's a big problem, and the longer that people remain ignorant, and not push-back, more and more rights will be taken away.  All of you guys are STUCK in obedience to "authority"  (a good movie, by the way, if you can stomach the 45 minutes of exposure by Dr. Milgram, as he demonstrates how average people could kill their neighbor, simply because they are told to...think about it...it happened not that long ago).  The Stanford Prison Experiment elicited a similar telling.

All codes, rules, and regulations are for government authorities only, not human/Creators in accord with God’s Laws. “All codes, rules, and regulations are unconstitutional and lacking due process of Law..”(Rodriques v. Ray Donavan, U.S. Department of Labor, 769 F.2d 1344, 1348 (1985)); …lacking due process of law, in that they are ‘void for ambiguity’ in their failure to specify the statutes’ applicability to ‘natural persons,’ otherwise depriving the same of fair notice, as their construction by definition of terms aptly identifies the applicability of such statutes to “artificial or fictional corporate entities or ‘persons’, creatures of statute, or those by contract employed as agents or representatives, departmental subdivisions, offices, officers, and property of the government, but not the ‘Natural Person’ or American citizen Immune from such jurisdiction of legalism.A “Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248),“A “Code’ or Statute’ is not a Law,” (Flournoy v. First Nat. Bank of Shreveport, 197 La. 1067, 3 So.2d 244, 248),A “Code’ is not a Law,” (In Re Self v Rhay Wn 2d 261), in point of fact in Law,).   

“If the American people ever allow private banks to control the issue of their currency first by inflation then by deflation the banks and corporations that will grow up around them will deprive the people of all property until their children wake up homeless on the continent their Fathers conquered... I believe that banking institutions are more dangerous to our liberties than standing armies... The issuing power should be taken from the banks and restored to the people to whom it properly belongs.”  ---Thomas Jefferson “The issue which has swept down the centuries and which will have to be fought sooner or later is the people versus the banks.”  -Lord Acton  (ever heard "absolutely power corrupts absolutely?"  Same guy)


Lord Acton

Post: Thoughts on Tiny House in backyard for extra income

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

If you know how to use the Fair Housing Act, you can get a special exemption from city code, because it's federal law.  

Post: Thoughts on Tiny House in backyard for extra income

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

Post: Thoughts on Tiny House in backyard for extra income

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

Post: Thoughts on Tiny House in backyard for extra income

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

Post: Tiny Houses in Backyard

DAn L.Posted
  • Property Manager
  • Petaluma, CA
  • Posts 19
  • Votes 9

I would apply the Fair Housing Act and give the city the bird.  They will lose.  

Dear Adam, 

Please see my comment on "sandbox." ADU is a state term, not a federal term. Federal trumps State. You could "creatively" call a "shed" an "ADU" and argue for a CO on the basis of "reasonableness." I would say you have a better chance of it working (I'd say almost guaranteed) if the person was actually living there, because it becomes a different issue once occupied. If you ask for permission, the city will find every reason NOT to give it, but if you already moved in, their options are to work with you or evict you. Which do you think looks better to a court?


Here in California, they just added to the ADU law, and now allow a second "junior ADU." If you understand the FHA, you can shift all of that to "what's reasonable?" If 5 ADU's are necessary to take care of 3 people with disabilities and 2 caretakers, then isn't that "reasonable?" Zoning restrictions on number of occupants has especially lost at the federal level, once challenged. See the Oxford House case. It's a prime example. Blew the city out of the water, who was trying to stop a sober living house from existing in a certain neighborhood, on the basis that (gasp) they were letting two people sleep in the same room to save on costs.

Dear James, Changing code is precisely what the city must do to accommodate the Fair Housing Act.  See United States vs City of Boca Raton.  

From Transcript: "The purpose of the FHA is to "prohibit
local governments from applying land use restrictions in a manner that
will . . . give disabled people less opportunity to live in certain
neighborhoods than people without disabilities.
" Good Shepherd Manor Foundation, Inc. v. City of Momence

Dear Nik, 

The answer is "disability."  Most homes have someone who has a "disability."  That could mean someone over the age of 60 or someone with a learning disability.  The list is long.  But it opens the door to housing discrimination issues if the city uses code as a weapon against people trying to keep a roof over their head.  I suggest that people simply MOVE-IN to the temporary structure, then WAIT for the city to knock on the door, or send a letter SOME DAY (it could be YEARS).  The reply to said letter/notice is to ASK for "reasonable accommodation in light of disability under the Fair Housing Act."  

That statement is the key to the kingdom because you have just invoked the federal law, and change (it's court cases saying this, not me) the "code" to a "what's reasonable in the circumstances."  Because the "code" MUST be changed to "accommodate" the situation, and each one is different. As long as you can draw a line of the "reasonable use" of the structure for the disability (this includes CARETAKERS, so now the caretaker could be living in the shed), then you are federally protected by this law, and the federal government will come to your aid if the city "abuses" or "discriminates" against you.  I suggest reading some appeals court cases.  They're empowering.  It turns the table on the city, who now must come back with what is a "reasonable accommodation" to the situation, one that does not involve just a lazy fine or demand that the structure be torn down or vacated.  "What?  You want Aunt Josey's caretaker to be kicked out of the shed, that she currently calls 'home'?  Well, that's not reasonable."  What would be reasonable, would be the city insisting on certain improvements be made to bring the structure "up to code" in a reasonable timeframe, or change the code to accommodate the person and structure in question.  I've watched it happen with my own clients.  Threatened with steep fines, after sending the certified letter, the threats disappeared, as the city (in this case Los Angeles), decides they don't have the budget to fight the US federal government in court, and lose (which happens every time the feds have defended the Fair Housing Act).  

You are basically forcing the city to play in a different sandbox. You, like everyone else, are so accustomed to playing in the city's "code" sandbox, that you didn't realize there is a much bigger sandbox to be played in. It's not your fault. Nobody teaches this stuff. I learned it from a disabled little old lady in Petaluma named "Sonya" who lives (successfully) on SSDI since she put this in the city's face. She now lives in her little tiny home on wheels, paying rent to use someone's backyard, with the city's blessing. A couple weeks ago, I spent an hour on the phone with a lawyer trying to explain to him how he could use the FHA to get a CO for his client, who built a second house on his property without a permit. He wanted his grandchildren to live in it. I said "that's easy....he's over age 60, so apparently disabled, and they are his caretakers, who deserve fair housing."