[CA] Is a newly built detached ADU in exempt from AB 1482?

CA Real Estate Law

N Cal Atty

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For ADUs in Los Angeles, AB 1482 (statewide rent/eviction control) exemptions often hinge on age (new construction is exempt for 15 years(CA Civ Code § 1947.12(d)(4)), ownership type (SFH/condo exempt if not corporate-owned & owner-occupied), and local rules like LA's RSO, which gives new ADUs a 30-year pass but makes them subject to RSO if they're part of a multi-unit property with a pre-78 main house or an attached unit, meaning careful checking of local ordinances is key.

It looks like the property is subject to the RSO. The ADU is supposed to be registered with the LAHD, please see https://housing.lacity.gov/residents/what-is-covered-under-the-rso, it is supposed to be registered. You can call the LAHD at 1-866-557-7368 to confirm this.

AB 1482 Just Cause and Rent Limit Exemption Addendum

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Is my ADU exempt from AB 1482 in California if I live in the main house?

Lexi, Chatbot

I understand that navigating housing regulations can be challenging. Can you please confirm if your ADU is currently being rented out or if you plan to rent it in the future?

Rented out.

Lexi, Chatbot

Have you checked whether your ADU meets the specific criteria outlined in AB 1482 for exemptions?

I believe I did but wanted to confirm.

N Cal Atty

Hello! My name is N Cal Atty, and I've been an attorney since 1983, providing assistance since 2008. I am sorry you need help with this, but it is my pleasure to assist you today with your problem.

In which town is the property located?

How long ago was the ADU built? 2024.

N Cal Atty

Thank you. In which town is the property located?

Los Angeles, California.

N Cal Atty

Thank you. When was the main house built?

1948. It’s not registered with LAHD. It’s a newly built detached ADU in the city of Los Angeles and only has a certificate of occupancy.

N Cal Atty

So since I’m subject to RSO, would that be the same as AB 1482? The reason I’m asking is because on the lease I’m stating I’m exempt from AB 1482, and the potential tenant is asking me to remove that from the lease agreement or explain why I’m exempt.

N Cal Atty

I do not think you are exempt, but you can call the LAHD at 1-866-557-7368 to confirm this.

You can argue that the ADU is exempt under section (e)(5) of the Tenant Protection Act, which is posted at https://www.fairfaxresidents.org/wp-content/uploads/2023/02/AB-1482_Tenant_Protection_Act_of_2019.pdf, but I would ask the LAHD about that.

(e)(5) states: "(5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit."

Ok thank you. I will call LAHD to confirm. Can I ask another question regarding an arbitration clause on the lease?

Can the tenant ask me to remove mandatory binding arbitration in the dispute resolution clause section of my eForms lease agreement?

N Cal Atty

Yes, you can agree to amend the lease.

But can I legally say no and keep this clause?

N Cal Atty

Yes, you are not required to amend the agreement.

N Cal Atty

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