Massachusetts now allows ADUs by-right
Accessory Dwelling Units (ADUs), sometimes know as 'granny flats' have been legalized in MA by state level legislation that prevents localities from interfering with permitting on many common grounds.
In Massachusetts, Your In-Law Apartment No Longer Makes You An Outlaw
As has been widely reported, Governor Maura Healey on Tuesday signed into law the Affordable Homes Act (AHA), also known as the Housing Bond Bill (H.4977), which the Legislature passed in the wee hours of August 1, 2024.
Under the new law cities and towns are not allowed to regulate ADUs by:
- imposing special permit requirements for the first ADU on a property
- requiring any discretionary zoning approval for an ADU
- requiring more than one additional parking space
- requiring any additional parking spaces if the lot is within ½ mile of a commuter rail station, subway station, ferry terminal, or bus station
- prohibiting rentals of ADUs (except for short-term rentals)
- imposing owner-occupancy requirements
- prohibiting or unreasonably restricting ADUs
Though they are still allowed to restrict ADUs on the basis of building envelopes and setbacks, which will likely limit the applicability of this law in dense areas.
