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Accessory Unit VS. 2 Unit property

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Jon Liberatore

Junior Member
Joined
Nov 15, 2004
Professional Status
Certified Residential Appraiser
State
Maryland
Im sure this has been discussed at some point in this forum but it seems like the regulations change quite often. Please give me your thoughts on the difference between Accessory Unit, 2 unit & In law suite
 
A "2 unit" is a small family residential income property. A duplex.

And "Accessory Unit" is probably the same thing as an "in law unit." A unit not designed for permanent occupancy. No kitchen but could have a bathroom.

And "Accessory Dwelling Unit" can be described as it is in the 4150.2:

The accessory unit is defined as a habitable living unit added to, created within, or detached from a single-family dwelling that provides the basic requirements for living, sleeping, eating, cooking, and sanitation.
Accessory Dwelling Units (ADUs) are commonly understood to be a separate additional living unit, including separate kitchen, sleeping, and bathroom facilities, attached or detached from the primary residential unit, on a single-family lot. ADUs are usually subordinate in size, location, and appearance to the primary unit and may or may not have separate means of ingress or egress.

Attached units, contained within a single-family home, known variously as "mother-in-law apartments," are the most common type of accessory dwelling unit. Accessory units usually involve the renovation of a garage, basement, or small addition to a single-family home.
 
I have a single family with an accessory unit, zoned only for single family not two family. Two common doors, one joins the laundry rooms the other joins the basements. I appraised as single family with accessory unit. Used single family homes and single family homes with accessory units on a 1004UAD. A month later client states Lender wants this done on a 1025? Is this possible when it is not a legal two family?
 
Mark, thanks for posting that!
 
I have a single family with an accessory unit, zoned only for single family not two family. Two common doors, one joins the laundry rooms the other joins the basements. I appraised as single family with accessory unit. Used single family homes and single family homes with accessory units on a 1004UAD. A month later client states Lender wants this done on a 1025? Is this possible when it is not a legal two family?

Governing Municipality?
Zone? Building/Zoning/Planning Department ordinances, if they exist, will identify legally permissible uses within a specific zone.

When you did the appraisal as a SFR w/ADU was the ADU family occupied?

Under Municipal requirements was the use of the ADU a legally permissible use?

Was use of the ADU permissible under a Restricted Use C.of O. for family/non-rental guests only?

Was the existing use of the ADU transferable on sale of the property?

Was it a legal, non-conforming pre-existing use?

In the subject's specific Zone is a Two Family Certificate of Occupancy required to convert a SFR into a Legal 2 Family Property?

Lastly, was the Highest and Best of the Site "As-improved" on the Effective Date of Appraisal a SFR w/ADU or as a Legal 2 Family Income-generating property?
 
I have a single family with an accessory unit, zoned only for single family not two family. Two common doors, one joins the laundry rooms the other joins the basements. I appraised as single family with accessory unit. Used single family homes and single family homes with accessory units on a 1004UAD. A month later client states Lender wants this done on a 1025? Is this possible when it is not a legal two family?

To answer the final question: NO.
 
But all the other appraisers do.
 
Some lenders consider...Is there a separate entrance? Are the utilities metered separately?
 
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