Massachusetts and Rhode Island legalize ADUs amid housing crisis
by GABRIELLE CARACCIOLO, NBC 10 NEWS
Rhode Island and Massachusetts are among the latest states to legalize accessory dwelling units, ADUs, statewide amid a housing shortage.
This week Massachusetts Gov. Maura Healey signed it into law as part of the Affordable Homes Act.
“This is big stuff we’re unlocking tens of thousands of housing units,” Healey said.
The units can be attached or detached from a single family home allowing adult-children, the elderly, or disabled to live in their own space on their loved one’s property.
This week Massachusetts became the latest state to allow the development of accessory dwelling units or in-law apartments by right.
“So our disabled brothers and sisters have the ability to stay with their loved ones, our young people just starting out in life, people and families can stay and age in place right where they are,” Mass. Rep. Jim Arciero said. “We’re thinking outside the box to create more housing.”
Earlier this summer, a similar law went into effect in Rhode Island preventing cities and towns from banning ADUs.
“If you meet the requirements, you have the infrastructure capacity, sewer, water, etc, then you should be allowed to build,” House Speaker Joseph Shekarchi said.
The laws differ state to state.
In Massachusetts the right to build ADUs now exists on all single family lots.
The ADUs must be under 900 square-feet and are subject to local building codes.
In Rhode Island, homeowners have the right to develop ADUs to accommodate a disabled family member, if its within the existing footprint of their structure, or on any lot larger than 20,000 square-feet.
Rhode Island ADUs are also subject to local building codes and can’t be used as short term rentals.
Shekarchi has been fighting to pass the law for several years.
“Quite frankly, it was just a function of getting it through because if it had any easier requirements, it wouldn’t have passed,” he said. “Doing nothing, the status quo was not acceptable.”
HousingWorks RI is a research and policy organization at Roger Williams University.
“We have a quantity problem in Rhode Island. So anything that helps to increase the supply of housing, whether it’s for a family member or an individual that is trying to add an accessory dwelling unit on for, it will help alleviate some of the crunch,” Executive Director Brenda Clement said.
She said ADU laws like these have worked in other parts of the country.
“There will be a bit of a time lag,” she said. “But we know from examples in other states like California that accessory dwelling units have increased dramatically and have helped to lessen the burden on the housing shortage.”
HousingWorks RI has more information on the new law and sample ADU designs.