What is the new law on ‘granny flats?’

What you build on your property is up to you now. Mostly.

In June, Governor Maura Healey signed what has been called the “most ambitious legislation to address housing costs in State history”: the Affordable Homes Act. Besides the spending authorizations to build more, the act also includes policy initiatives, one of which involves accessory dwelling units. 

What are ADUs? 

As the name suggests, ADUs are smaller, independent units located on the same lot as a single-family home, according to the American Planning Association website. These units are often used as a home for elderly or aging relatives, which is why they have the nickname “granny flats.” 

The Affordable Homes Act replaced previous zoning regulations to allow homeowners to build ADUs on their property without a special permit, unless they want to build multiple units, according to information on the state website. 

But is it enough to address the housing crisis?

“It is kind of strange to us as landlords that there was so much excitement over accessory dwelling units,” said Douglas Quattrochi, executive director of MassLandlords, a nonprofit trade association.

Quattrochi mentioned Healey’s prediction that the policy would create 8,000 to 10,000 units over the next five years, which according to him, doesn’t even come close to meeting the region’s housing needs. “We needed 200,000 units yesterday to address the housing crisis,” he said.

ADUs generally don’t create a lot of housing, Quattrochi said, because, if people wanted to be landlords, they would not buy single-family homes. “I’m a landlord. I bought a three-decker, and that’s the way we provide a lot of housing.”

Some real estate experts hailed it as a win for property owners.

“It’s putting the rights back in the hands of the private property owners,” said Anthony Lamacchia, CEO and owner of Lamacchia Cos. He added that property owners should have the right to build a unit for their family on their land.   

“Massachusetts and the various cities and towns in it have become far too restrictive with building, so it’s nice to see more of the rights go back to the homeowners,” Lamacchia said. 

Before this law, Quattrochi said, some towns required the owner to rent out the ADU to family members only. “You can’t, as a town, say that the people living in this land have to be related biologically to someone else or by marriage. You could never say that.”

But it does not mean it is all smooth sailing from here.

Quattrochi said there are still limits on ADUs in place. The property can not be bigger than 900 square feet or more than half the area of the primary residence. The state website also mentions that the construction of ADUs is subject to local building codes.

“ADUs can be required to have a parking space if they are further than half a mile from a commuter rail station, subway station, ferry terminal, or bus station … It will vary a lot town-by-town,” he said.

He also said there is a possibility that you could hurt the resale value of the property, because not a lot of people want to buy a property with an ADU. Maybe they don’t want the extra space, or maybe they don’t want to be landlords. 

Lamacchia agreed. Building an accessory dwelling unit does not drive up the value of the property as much as people think, he said.

Whom does the law help then? 

The units are generally used by homeowners for their family’s needs, he said, adding that this is a good thing because it “increases housing and provides more space for people.”

“I mean families who need to have parents and grandparents, aunts, uncles move in with them for various reasons, or older family members who need to move in with their children, perhaps for affordability reasons, or to assist the children with their grandkids. It will help them,” Lamacchia said.