[Massplanners] ADU owner occupancy enforcement?

Alyssa Larose ALarose at frcog.org
Mon Sep 27 09:32:25 EDT 2021


All,

I'm working with a rural community on revising their ADU regulations to allow for ADUs that are attached/within a SF home by right, and detached ADUs by Special Permit. The community is requiring owner occupancy of either the principal or accessory dwelling.

My question - how do communities enforce the owner-occupancy requirement, both at initial permitting of an ADU (either a building permit - for attached/within, or a Special Permit for detached), and when the property turns over? We do not want to require a new owner to apply for a new Special Permit (in the case of a detached ADU), but need some mechanism that ensures the new owner is aware of the occupancy requirements, and which can be enforced if necessary.

Any guidance is much appreciated!

Thank you,
Alyssa

Alyssa Larose
Senior Land Use & Housing Planner
Franklin Regional Council of Governments
12 Olive Street, Suite 2
Greenfield, MA 01301
413-774-3167 x127
alarose at frcog.org<mailto:alarose at frcog.org>
www.frcog.org<http://www.frcog.org>

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