Small backyard homes could address senior housing crisis

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Summary

• An Accessory Dwelling Unit, or ADU, is a small, independent residential dwelling unit located on the same lot as a stand-alone single-family home. One can legally build an ADU in states and localities with favorable state laws and local zoning ordinances.
• ADUs can be a partial solution for the homeless problem for seniors if states reduce barriers and localities amend existing zoning ordinances.
• Consider supporting the Model State Act and Local Ordinance drafted by the APA and AARP as a first step and partial solution to the senior housing crisis.

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For a long time, I have been fascinated with the ideas of tiny houses or small backyard homes called by their official title, Accessory Dwelling Units or ADUs. Where can I find one? Can I live in one? In whose backyard? In what locale? And, lastly, would building and zoning more ADUs be a solution for senior living and homelessness? I say they could be helpful.

Unfortunately for me personally, my daughter lives in a small apartment in New York City. She does have a guest space where I can comfortably visit three times a year, but there is no room for a formal ADU.

Creating an ADU is strictly a matter of state law and local zoning. For this reason, I have reviewed the zoning rules in three localities—Alexandria, Virginia; Washington, D.C.; and California.

First, how is an ADU defined? According to the American Planning Association (APA), an accessory dwelling unit (ADU) is a smaller, independent residential dwelling unit located on the same lot as a stand-alone (i.e., detached) single-family home. Further, ADUs can be converted portions of existing homes (i.e., internal ADUs), additions to new or existing homes (i.e., attached ADUs), or new stand-alone accessory structures or converted portions of existing stand-alone accessory structures (i.e., detached ADUs).

AARP Supports Modifications to State and Local Zoning Laws for ADUs

The American Association of Retired Persons (AARP) decided that ADUs would be an affordable, accessible housing option for people of all ages. This is why the AARP Public Policy Institute asked the APA to develop model legislation, including a state statute and a local ordinance to assist residents, planners, and government officials in evaluating potential changes to state and local laws.

Here are some of the highlights of the AARP report introducing the model state and local laws.

“ADUs can be a cost-effective means of increasing the supply of market-affordable rental housing in a community and accommodating new growth without dramatic changes to the character of a neighborhood.” (Report at 2.)

“The vast majority of older adults want to remain in their current homes and communities.” (Report at 4.)

“Since 2000, many more local governments have adopted or revised regulations authorizing the construction of accessory dwelling units.” (Report at 5.)

The report cites greater permitting of ADUs in Los Angeles, California; Portland, Oregon; and Vancouver, Canada. For example, Los Angeles issued permits for 4,171 ADUs in 2018, up from 117 in 2016. This represents 20% of all permitted housing units. I review the progress in California in greater detail below.

What does a model state law consist of? According to the APA, a model state law can consist of one of two options: 1) A state law that limits local governments from prohibiting or discouraging the creation of ADUs; or 2) a smaller version that grants local governments the authority to permit and regulate ADUs.

To implement the second option, APA drafted a model local ordinance that consists of standards such as minimum lot size, height limits, sale of ADUs, and local building codes, among many other provisions. This is intended to provide guidance to the users to clarify how local zoning can accommodate ADUs. (Report at 31.)

Assuming you have the space, whose permission do you need  to build an ADU and allow family members or renters to live in it? As noted, this is largely a matter of local zoning, although a permissive state law would also help.

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California Leads the Way on ADU Permitting

It turns out, California is the most sympathetic to constructing ADUs. Given its size, this is not surprising. The reason must be that in three consecutive years—2023–2025— the California State Legislature amended the state ADU law to reduce barriers to ADUs and Junior Accessory Dwelling Units (JADUs). As a result, as of 2023, ADUs comprised more than 21%of all houses permitted statewide. This is a phenomenal figure that, if matched nationwide, could certainly put a dent in our homeless crisis.

Consequently, in January 2025, the California Department of Housing and Community Development (HCD) issued its new Accessory Dwelling Unit Handbook and plans to issue a new addendum this year to summarize changes to state ADU law in effect on January 1, 2026.

According to the handbook, “ADU construction is a key infill development strategy that contributes to, among other things, reducing greenhouse gas emissions and improving air quality by reducing the distance people need to travel, reducing conversion of agricultural land, sensitive habitat, and open space. ...” (Handbook at 4.) HCD also defines an ADU generously to include an efficiency unit or a small manufactured home (a so-called tiny home).

A more restrictive locale may be Alexandria, Virginia, where I live. In 2020, the City of Alexandria, a small city of 10,000 acres on the Potomac River south of Washington, D.C., conducted a community process to develop an ADU policy to help expand housing options, affordability, and accessibility throughout Alexandria. As a result, the City Council approved a new ADU policy on January 23, 2021.

The City of Alexandria defines ADUs as secondary independent living units that typically have a separate kitchen, sleeping area, and bathroom. ADUs can be attached to an existing structure, internal, or completely detached. After Alexandria passed its ADU policy in January 2021, initially 43 ADUs were approved in the city, of which 31 are detached structures and 12 are internal. As of 2026, 96 ADUs have been approved, following the city’'s zoning reform. This marks a significant increase from the 43 ADUs approved between January 2021 and July 2023.

According to an article published in Alexandria Living in July 2023 on the impact of small homes on the community, residents who went through the approval process admitted it can be challenging and requires patience and the skill of an experienced architect. Of course, there is always the matter of local resident opposition, but with persistence this can be overcome.

Finally, in Washington, D.C., ADUs are allowed by right in most residential zones, generally allowing one accessory apartment per lot to increase housing density. This happened as a result of a 2016 change to D.C.’s zoning regulations. However, ADUs are limited by size—1,000 square feet and a height of 22 feet, or two stories—and must include a separate entrance, full kitchen, and bathroom—and maximum occupancy of three people. A residential rental business license is required from the Department of Consumer and Regulatory Affairs to rent the unit. To date, there are 90 ADUs listed on the DC Affordable Dwelling Unit Property Dashboard. (Note that this figure specifically refers to the formally designated, income-restricted ADUs tracked by the Department of Housing and Community Development (DHCD), rather than the total number of all constructed accessory units, such as basement apartments).

Next Steps to Creating an ADU for Yourself and Your Partner

In the first place, know your local zoning laws. Second, identify the property on which to build your ADU. Third, talk to the property owners, neighbors, or family members to see if they will let you build an ADU on their property. Finally, hire a good builder and architect who know the zoning rules and can create the perfect and legal ADU for your situation.

Is it realistic to expect your children to build you a living space in their backyard? Maybe not, but perhaps so if you are willing to share construction and living expenses and help with babysitting and dog walking.

Will a burgeoning of ADUs solve our senior housing crisis? Probably not. But supporting zoning changes to allow more ADUs could be a partial solution. Perhaps the ABA could endorse the model state and local laws adopted by the APA/AARP as a first step in increasing housing in this novel and newer method.

In my case, I’ll either have to move to California or create a junior ADU in a New York City apartment.

For further information, the article, “ What States Allow ADU: Everything You Should Know, ”  includes a comprehensive list of state-friendly ADU policies. Good luck building and living in your own ADU.

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Endnotes

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Author

Joan Myers Bondareff

Blank Rome LLP

Joan Bondareff focuses her practice on marine transportation, environmental, regulatory, renewable energy, and legislative issues. Joan represents clients in many industries and state and local governments in matters related...

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Author

Joan Myers Bondareff

Blank Rome LLP

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