SFR 3 ADUs

[J Grant]

As I understand the new CA rule, it WOULD be legal, as state regs supersede local zoning ordinance. I'd personally check the 'legal' box, and then explain what the new regs do - as not everyone is from CA, and not everyone knows about the new regs...

Conventional loan
-Zoning is 1 family res
-Planning approved the construction of 3 ADUs on a .15 acre lot. They specifically say it is permitted as multiple adus.

Above from the first post by OP
I do not live in Cali but the OP does and they are questioning it because, per what they posted, it is planning approved construction of 3 ADU's. It does not say planning approved it as a multi family I still fail to see how it is a legally zoned multi family even with the new regs?

What is legal is a SFR with 3 ADU's. Which is terrific, but disqualifies it for a fannie loan for a residential property. That is why the lender is saying "put it on the 1025 form. ".

 

[alebrewer]

Conventional loan
-Zoning is 1 family res
-Planning approved the construction of 3 ADUs on a .15 acre lot. They specifically say it is permitted as multiple adus.

Above from the first post by OP
I do not live in Cali but the OP does and they are questioning it because, per what they posted, it is planning approved construction of 3 ADU's. It does not say planning approved it as a multi family I still fail to see how it is a legally zoned multi family even with the new regs?

What is legal is a SFR with 3 ADU's. Which is terrific, but disqualifies it for a fannie loan for a residential property. That is why the lender is saying "put it on the 1025 form. ".

You're right - you don't live in CA. Are you familiar with the new regs in CA? But keep arguing for argument's sake, J. Nothing new to see here.

 

[Terrel L. Shields]

Don't you guys use your appraisal money to invest in real estate?

No, I invest in something safe, like a race horse.

You put it on 1025 form and call it a fourplex.

I'd put it on a 1025 form and call it a SFR with 3 ADU. It isn't what I call a "fourplex" unless they all are joined in one.

As I understand the new CA rule, it WOULD be legal, as state regs supersede local zoning ordinance.

I haven't heard the magic word....- Air BnB. I would bet the owner is going to be leasing these under Air BnB. - short term, no hassle, different rules to kick the deadbeats out. The question is whether the city was apprised of the actual uses of the ADUs or whether they can or cannot be used as rentals.

 

[alebrewer]

I haven't heard the magic word....- Air BnB. I would bet the owner is going to be leasing these under Air BnB. - short term, no hassle, different rules to kick the deadbeats out. The question is whether the city was apprised of the actual uses of the ADUs or whether they can or cannot be used as rentals.

From what I understand about the new regs, the owner(s) still have to make application, but the planning authority is required to approve the application. Been a minute since I read through the regs, though, as my current company doesn't have a huge footprint there. For those who are interested, though, here is the link:

https://www.hcd.ca.gov/policy-research/docs/adu_december_2020_handbook.pdf

 

[J Grant]

You're right - you don't live in CA. Are you familiar with the new regs in CA? But keep arguing for argument's sake, J. Nothing new to see here.

Okay, what do the new regs say that woujld supersede the current zoning for the subject, which is SFR with a planning dept permission to build 3 ADUs ? Explain how that works. I don't live in Cali but the OP does, and posed the question here, so explain to them and me how new regs in CA would work for this assignment?

 

[J Grant]

From what I understand about the new regs, the owner(s) still have to make application, but the planning authority is required to approve the application. Been a minute since I read through the regs, though, as my current company doesn't have a huge footprint there. For those who are interested, though, here is the link:

https://www.hcd.ca.gov/policy-research/docs/adu_december_2020_handbook.pdf

The above supports what I wrote in my posts here, all these new regs do is Allow multiple ADU's to a single family dwelling It does not change the zoning to allowing a multi family property.

The OP question is lender is telling them not to report the property accurately as a SFR with multiple ADUs, but to call it a four unit multi family and put it on the 1025 form.

The question at hand is not whether an owner is allowed to rent the ADU's out or if their income stream makes them similar to a multi family. It is about lender instructing the appraiser what a property is - remember the warnings about instructing? .

 

[alebrewer]

Okay, what do the new regs say that woujld supersede the current zoning for the subject, which is SFR with a planning dept permission to build 3 ADUs ? Explain how that works. I don't live in Cali but the OP does, and posed the question here, so explain to them and me how new regs in CA would work for this assignment?

Read them yourself. I just posted the link. My point is that you throw stuff around as if it's fact, when - in fact - you don't live there, and you haven't even read the regs. In addition, I suspect there are several CA appraisers that aren't even familiar with the new regs. I'm in Texas - so I'm hesitant to state for sure what the correct answer is - hence my suggestion that it MAY be legal (as I understand the regs) but that it is ultimately the OP's job to determine that - assuming he/she is geographically competent - which would include a working knowledge of the new regs, no?

 

[alebrewer]

The above supports what I wrote in my posts here, all these new regs do is Allow multiple ADU's to a single family dwelling It does not change the zoning to allowing a multi family property.

The OP question is lender is telling them not to report the property accurately as a SFR with multiple ADUs, but to call it a four unit multi family and put it on the 1025 form.

Of course you're right, J. You always are. You should have been an attorney - you're able to develop conclusive opinions about a complex reg in just a matter of seconds. Amazing.

 

[J Grant]

Of course you're right, J. You always are. You should have been an attorney - you're able to develop conclusive opinions about a complex reg in just a matter of seconds. Amazing.

You get so personal and petty on these threads, it is not about you or me proving who is right or wrong, it is about helping the OP with a problem.

Below is the statement we put on the forms now for URAR work, and it address a lender instructing an appraiser, (instruction), in this case, a lender telling an appraiser the property is not a SFR with ADU;, the property is a multi family - so put it on the 1025 form. The form is not the problem, the instruction which may clash with the physical characteristics and legal zoning is.s

No employee, director, officer of agent of the lender, or any other third party acting as joint venture partner, independent contractor, appraisal management company, or partner on behalf of the lender, shall influence or attempt to influence the development, reporting, result, or review of an appraisal through coercion, extortion, collusion, compensation, instruction, inducement, intimidation, bribery, or in any other manner.

 

[J Grant]

Read them yourself. I just posted the link. My point is that you throw stuff around as if it's fact, when - in fact - you don't live there, and you haven't even read the regs. In addition, I suspect there are several CA appraisers that aren't even familiar with the new regs. I'm in Texas - so I'm hesitant to state for sure what the correct answer is - hence my suggestion that it MAY be legal (as I understand the regs) but that it is ultimately the OP's job to determine that - assuming he/she is geographically competent - which would include a working knowledge of the new regs, no?

I read the regs, they address adding multiple ADUS, not changing the zoning to Multi family. You don't live there either. Any of us can be right or wrong or give better or lesser advice on any thread. It is exhausting when trying to help someone turns into a battle of fending off personal attacks. I am super busy, and choose to donate some time to help a fellow appraiser. Now half this thread becomes me responding to your personal attacks and OP is stuck trying to get past that. You are not the only appraiser who does that and perhaps on occasion I have done it too but it is ng.