Illegal Second kitchen or Unpermitted ADU

[soucat]

If it was completely walled off and there was no access to the rest of the dwelling I would tend to consider it to be an unpermitted ADU. It is the interior access and the manner in which it is connected to the rest of the dwelling that makes me hesitant to refer to it as an ADU. It is contiguous with the rest of the house and is definetely part of GLA as currently stands. Doesn’t seem it can be both GLA and an ADU. Unpermitted kitchen conversion also concerns me as it is likely there may be some safety issues, and the county explicitly states secondary kitchens in a SFR currently represent an illegal use.

 

[Fernando]

If it was completely walled off and there was no access to the rest of the dwelling I would tend to consider it to be an unpermitted ADU. It is the interior access and the manner in which it is connected to the rest of the dwelling that makes me hesitant to refer to it as an ADU. It is contiguous with the rest of the house and is definetely part of GLA as currently stands. Doesn’t seem it can be both GLA and an ADU. Unpermitted kitchen conversion also concerns me as it is likely there may be some safety issues, and the county explicitly states secondary kitchens in a SFR currently represent an illegal use.

Back in old days, lenders would request illegal in law units to gas cap the gas range. Lenders did not like unpermitted ADUs.
Past several years, I noticed lenders have been more lenient in viewing ADUs whether legal or not.
I remembered one appraisal in which I didn't call the area an unpermitted ADU.
Reviewer wanted me to call it an ADU because it had a kitchenette, bath, and sleeping area (definition of ADU).
I don't remember the details but there was a reason why I didn't want to call it an ADU.
It didn't matter, reviewer wanted me to call it an ADU.

 

[CGinMN]

When in doubt, go to the Selling Guide.

Special Property Eligibility Considerations | Fannie Mae

This topic contains information on Fannie Mae’s unique property eligibility requirements, including:

selling-guide.fanniemae.com

B4-1.3-05, Improvements Section of the Appraisal Report (04/06/2022)

selling-guide.fanniemae.com

 

[CGinMN]

Pics don’t show, is there a sleeping area, and is there a bath contained within the ADU?

What is this?

 

[J Grant]

I have a single family where the owner sectioned off a small approx 8’x8’ portion of the garage directly adjacent to the primary bedroom to create a tiny, but fully equipped non-heated kitchen with stove (sans permits of course). The only separation between the rest of the dwelling and the primary suite (3/4 bath and kitchenette) is a standard bedroom door. However there is direct exterior access through the kitchen or bedroom. Per county building guidelines second kitchens represent an illegal use, however I am hesitant to treat this as an Adu given the direct access to the main dwelling through a standard bedroom door. Any advice would on how to handle this would be greatly appreciated.

It is not an ADU, an owner stuck an illegal per county code tiny kitchen in a garage. If garage is finished as living area, it is a mother in law suite but not an ADU.

Whether you want to make report subject to removal of stove or not, ask your lender client. Fannie lends on "illegal" second kitchens now, ( they'll lend on anything these days ), but they require 2 comps with second kitchens. Good luck finding them. Check with your client, but it might just be easier to make report subject to removing stove.

 

[TerryRohrer]

It is not an ADU, an owner stuck an illegal per county code tiny kitchen in a garage. If garage is finished as living area, it is a mother in law suite but not an ADU.

Whether you want to make report subject to removal of stove or not, ask your lender client. Fannie lends on "illegal" second kitchens now, ( they'll lend on anything these days ), but they require 2 comps with second kitchens. Good luck finding them. Check with your client, but it might just be easier to make report subject to removing stove.

Per FNMA Selling Guide, removal of the stove does not constitute removal of the ADU.

 

[J Grant]

Per FNMA Selling Guide, removal of the stove does not constitute removal of the ADU.

But it is not an ADU ( imo) See my post - it is GLA with a second kitchen, said kitchen illegal per county ordinance

 

[CGinMN]

How is it GLA if it’s unheated?

 

[J Grant]

How is it GLA if it’s unheated?

I assumed it was heated, if it is not heated then it can not be counted as GLA

Why don't the appraisers looking at these properties understand what they are looking at ?

 

[TerryRohrer]

Whether you want to make report subject to removal of stove or not

My comment was in response to this, but I know you prefer to argue when there is none, so carry on!