Assembly Bill 2533 Amnesty program

Legalization of accessory dwelling and jr accessory dwelling units.

The City of Hayward is offering a limited-time Amnesty Program to help property owners bring unpermitted living spaces, built before January 1, 2020, up to code. This program is available until December 31, 2028, and aims to ensure these spaces are safe, healthy, and habitable.

Eligibility

The program applies to single-family homes with unpermitted Accessory Dwelling Units (ADUs) or Junior ADUs (JADUs). To qualify:

  • The unit must have been built or converted before January 1, 2020.
  • The property must be a single-family lot, as duplexes and multifamily properties are not eligible.
  • For JADUs, the main residence or the JADU must be owner-occupied.

Program Benefits

  • Anonymity & Confidentiality: Free consultations with program staff are available to discuss pathways to legalization without identifying the property.
  • Delay of Code Enforcement: Owners may request a five-year delay on enforcement penalties during the legalization process.
  • Alternate Compliance Standards: Reasonable alternatives to current building codes may be accepted.
  • Support: Planning Department staff will guide property owners throughout the legalization process.

Why Legalize? 

  • Ensure tenant safety and provide peace of mind.
  • Reduce liability and improve property value.
  • Comply with code requirements while avoiding penalties.
  • Contribute to increasing affordable housing options in Hayward.

Legalization Pathways

  1. Path 1: Standard Building Permit Process (Legalized Unit): This pathway to legalization follows the standard building permit process and requires submittal of detailed plans including but not limited to a site plan, floor plans, interior elevations, building sections, and details demonstrating specific code compliance requirements such as the fire resistant rating of a wall. Owners of unpermitted dwelling units seeking legalization and issuance of a Certificate of Occupancy must obtain a building permit and have inspectors verify code compliance as approved by the plans. Compliance with building code requirements and the ADU zoning and development standards is reviewed as part of the building permit process.
Required Documents & Permits:
  • A completed Amnesty Program Application
  • Documentation regarding construction/ conversion date
  • Documentation proving owner occupancy either in primary unit or JADU, if the unpermitted unit is a Junior ADU
  • Construction Documents, including fully dimensioned site and floor plans showing all buildings and parking areas, heights of ceilings, window type and dimensions, and labeling of each building and room’s use. (Applicants may request to have their plans reviewed under the current code cycle or the code in effect at the time the unit was constructed or converted.)

Note Regarding Legalization of Junior Accessory Dwelling Units (JADUs): Full legalization of a JADU only requires an approved Final inspection and does not result in issuance of a Certificate of Occupancy.

  1. Path 2: Certificate of Compliance (Legalized Unit): The Building Division will issue a Certificate of Compliance after an unpermitted unit is recognized by the City of Hayward as a legalized unit under the Amnesty Program. To obtain a Housing Certificate of Compliance the unpermitted unit must be inspected by a City Inspector and any fire and life safety and Housing Code violations documented at the time of the inspection must be corrected. The Certificate of Compliance provides assurance to the property owner that code enforcement proceedings on the previously unpermitted unit will not be triggered as long as no additional unpermitted work is performed on the unit. Any future fire and life safety and Housing Code violations resulting from a Request for Service or Rental Housing Safety Program (RHSP) proactive inspection must be addressed by the owner in a timely manner.
Required Documentation & Permits:
  • A completed Amnesty Program Application
  • Documentation regarding construction/ conversion date
  • Documentation confirming owner occupancy either in primary unit or JADU, if the unpermitted unit is a JADU
  • If corrective work requires a permit, applicants must obtain a building permit and receive any necessary inspections and approval
  • Documentation from licensed professionals certifying that the unpermitted unit’s electrical, mechanical, and plumbing are in good working order and the unit has no major structural deficiencies

Flow chart showing the two paths

More details, including required documentation, eligibility criteria, and the application process, are below.

Program Fees

In addition to the fees listed below, applicants may also be required to hire licensed design professionals to draft plans and other construction documents necessary for permit issuance, and licensed contractors to perform corrective work for legalization of the unit.

Fee Description

Path 1: Standard Building Permit Process

Path 2: Certificate of Compliance

Pre-Application Consultantation

No FeeNo Fee

Amnesty Program Application Fee *

$590$590

Building Permit Plan Check & Inspection Fees

Based on % of permit valuation for total estimated construction/conversion costsBased on % of permit valuation for specific corrective work only
*The Amnesty Permit Fee includes a filing fee, Amnesty Permit Application fee, Initial Inspection fee, and Technology fee.

Handouts

Frequently Asked Questions

How much will it cost to legalize my unit?

Amnesty Program applicants will be required to pay a $590 Amnesty Program Application Fee (initial inspection included) and a $250 Address Assignment Fee. For applicants pursuing legalization of their unpermitted unit under Path 2, a $250 Amnesty Reinspection Fee may apply. Other fees may be applicable to fully legalize an unpermitted unit including building permit fees.

What documents do I need to provide to show the unpermitted dwelling unit was constructed or converted prior to January 1, 2020? 

The construction/conversion date may be established with one or more of the following forms of documentation:

  • A signed/stamped letter from a licensed professional
  • The County Assessor’s initial date recognizing the unpermitted dwelling unit
  • Escrow documents identifying the unit and the year of construction
  • Prior official Building, Planning, or Code Enforcement records of the unit
  • Real estate transfer disclosure forms for unpermitted unit

If the above information is not available then a combination of the following can be utilized to establish the construction/conversion date:

  • Insurance documents
  • Notarized letters from previous owners or tenants
  • Other documents will be considered on a case by case basis
  • Photos (if available) dated, showing approximate time of construction

Can my Certificate of Compliance be revoked?

Yes, if future Notice of Violations are issued as a result of a Request for Service and these violations are left unaddressed, then your Certificate of Compliance may be revoked. Owners have 30 days from issuance of a Notice of Violation to address fire and life safety code violations.

Owners issued a Certificate of Compliance must meet all minimum life safety and Housing Code requirements to retain certification and legal status, and avoid code enforcement proceedings.

Can I request a 5-year delay of code enforcement?

Per California State law, property owners are allowed to request up to a 5-year delay of code enforcement to bring the unpermitted unit into compliance with a specified building standard. Under no circumstances can these delays be applicable to the abatement work needed to address fire, life and health safety violations.

To request your 5-year delay of code enforcement, submit an ADU Code Enforcement Delay Request Form to program staff. You can submit the form in-person to 777 B Street, 1st floor (Permit Services Center) or email to e-permits@hayward-ca.gov.

What happens if a property is sold after a request for a 5-year delay in code enforcement was submitted?

The new owner will then be responsible for completion of all the necessary correction work. The 5-year code enforcement delay corresponds to the building, not the current owner.

Will my entire property be inspected or just the unpermitted dwelling unit?

The purpose of the program is to ensure the safety and habitability of the unpermitted unit. The primary unit and the surrounding property will not be inspected unless such inspections are necessary to adequately evaluate the unpermitted unit.

Do I need a new address assignment for my unpermitted dwelling unit?

Owners of all ADUs, except Junior ADUs, seeking legalization through the standard building permit process or issuance of a Certificate of Compliance will need a new address assignment.

Will my unpermitted dwelling unit need to meet current Energy and Green Building Codes?

Amnesty Program applicants may not be required to meet current Energy Efficiency and Green Building Code requirements. Compliance with current energy requirements may be required when reasonably feasible, such as if a window is required to be made larger, or simply replaced, a dual-pane window shall then be installed.

Will I need to open up walls or ceilings for the inspections?

Selective opening of walls or ceilings may be required at the discretion of the Inspector, in order to determine if all systems meet code and program requirements.

Can I rent out my unpermitted unit as a short-term rental?

No.

If I decide that meeting all requirements to legalize my unit will be too expensive, can I back out of the program?

Per California State law, property owners are allowed to request up to a 5-year delay of code enforcement to bring the unpermitted unit into compliance with a specified building standard. Under no circumstances can these delays be applicable to the abatement work needed to address fire, life and health safety.

Applicants who do not address minimum life safety violations will be subject to code enforcement.