ADU is accessible by elevator only (is it an ADU?)

[J Grant]

If you are speaking of Fannie definition. You may want to change your opinion (see bottom paragraph of second section). The kicker is "expectation of privacy". If the elevator opens up into living area on the second floor. I would say no expectation of privacy

"The ADU may, but is not required to, include access to the primary dwelling. However, it is not considered an ADU if it can only be accessed through the primary dwelling or the area is open to the primary dwelling with no expectation of privacy."

What is required for accessory dwelling units (ADUs)?

selling-guide.fanniemae.com

?? an elevator is a closed box that opens only when it stops at each floor. An elevator has a greater expectation of privacy than an open 24/7 staircase does.

 

[CGinMN]

OP, does the elevator allow the owner the ability to program a user's access? That's a basic function of most elevators. I'm not sure why it wouldn't be an ADU.

 

[Dublin ohio]

?? an elevator is a closed box that opens only when it stops at each floor. An elevator has a greater expectation of privacy than an open 24/7 staircase does.

You obviously do not understand the "expectation of privacy" in the context of an ADU. If it is an enclosed staircase accessible from the primary unit. Unless it has a door that can be locked from either side with different locks. What would be the "expectation of privacy". Without a lock on both sides. The occupant of the ADU could access the primary unit unannounced. The same with the occupant of the primary dwelling. If the elevator opens up to the primary living area. Does that provide an "expectation of privacy" for the occupants of the primary unit. Same with ADU. Anybody could take the elevator to the ADU and say surprise!

 

[Dublin ohio]

OP, does the elevator allow the owner the ability to program a user's access? That's a basic function of most elevators. I'm not sure why it wouldn't be an ADU.

If the occupant of the primary unit was able to restrict use by the occupant of the ADU. Wouldn't that create a safety issue for the ADU if there was a fire and they couldn't access the exterior exit?

 

[J Grant]

If an area is accessible to the rest of the dwelling by interior access is not an ADU. Look up the definition of an ADU, ( it has no interior access )

An interior elevator is an interior access. Idk where the expectation of privacy comes in - since it is just a living area and not an ADU.

 

[CGinMN]

Appraising in Florida and came across a 3 story beach home. The entire first floor is the garage, 2nd floor is 2 bed 2 bath with a full kitchen and living area, and the 3rd floor consists of 1 bed 1 bath with a large kitchenette (full-size cabinets and fridge with stove top, but no oven) and living area. All the floors can be accessed from the exterior. There is an interior elevator that goes to all 3 floors, but only an interior staircase that goes from the 1st floor to the 2nd floor. So the only way to get from the 2nd floor to the 3rd floor from the interior would be by elevator. So my question is, is the 3rd floor absolutely an ADU? It is accessible by elevator, but elevators do break and are not very practical. Currently, it is being used a multi-generation home. Could you make an argument that the 3rd floor is a part of the main home (is accessible through the interior by elevator) and should be included in the GLA and make the subject a 3 bed 3 bath home? First time coming across this situation, thanks in advance for reading and any insight you may have.

I guess I need clarification. My initial reading was that there was a direct staircase that goes to the upper unit, which does not stop at the main unit. Likewise, there is an exterior staircase that goes to the 2nd floor/main unit.

 

[Dublin ohio]

If an area is accessible to the rest of the dwelling by interior access is not an ADU

That is not what Fannie says.

"The ADU may, but is not required to, include access to the primary dwelling. However, it is not considered an ADU if it can only be accessed through the primary dwelling or the area is open to the primary dwelling with no expectation of privacy."

 

[Surf Cat]

I would make a wager that public records/MLS listings have GLA of both 2nd & 3rd floors combined.

It's not an ADU....it's just grandma's space.

 

[J Grant]

I would make a wager that public records/MLS listings have GLA of both 2nd & 3rd floors combined.

It's not an ADU....it's just grandma's space.

Here they call it an inlaw suite.

 

[Surf Cat]

Here they call it an inlaw suite.

Brownie points for you....you are not a racist by not calling it "The Master Suite".