Assembly Bill 2533, ADU Amnesty program
In response to AB 2533 Government Code Section 66332, the City of Hayward is offering an ADU Amnesty Program to help property owners bring unpermitted ADUs and JADUs, built before January 1, 2020, up to the standards of Health and Safety Code 17920.3. This program aims to ensure these spaces are safe, healthy, and habitable.
If you would like to legalize the unit and receive a Certificate of Occupancy for the unit, please see Hayward’s ADU/JADU Permit page which contains the process and development standards required for full compliance including required setbacks, compliance with Building Code, payment of applicable fees, etc.
Eligibility
The program applies to residentially zoned parcels with unpermitted Accessory Dwelling Units (ADUs) or Junior ADUs (JADUs). To check your zoning, please visit Hayward Webmap. To qualify:
- The unit must have been built or converted before January 1, 2020.
- For JADUs, the main residence or the JADU must be owner-occupied and owner must file a deed restriction with the Alameda County Assessor’s Office.
Permitting Process Overview
Certificate of Compliance: 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 ADU Amnesty Program. To obtain a Housing Certificate of Compliance the unpermitted unit must be inspected by a City Inspector or you may obtain a third-party code inspection from a licensed contractor ensuring that the unit meets the standards set forth in Health and Safety Code 17920.3 (see Handouts). Any fire and life safety and Housing Code violations documented at the time of the inspection must be corrected. If the corrective work requires permits, applicants must obtain a building permit and receive any necessary inspections and approval.
The Certificate of Compliance provides assurance to the property owner that code enforcement proceedings on the previously unpermitted unit will not be triggered provided that 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 accordance with the Municipal Code. If these violations are left unaddressed then the Certificate of Compliance may be revoked.
Required Submittals: Documentation regarding construction/conversion date. Building Division staff will review documentation to see if it provides sufficient proof that the unit was constructed before January 1, 2020. These documents can include:
- A signed/stamped letter from a licensed professional
- The Couty Assessor’s initial date recognizing the unpermitted dwelling unit
- Escrow documents identifying the unit and the year of construction
- Prior Building, Planning, or Code Enforcement records of the unit
- Real estate transfer disclosure forms for unpermitted unit
- Other documents will be considered on a case-by-case basis.
Documentation confirming owner occupancy either in primary unit or JADU, if the unpermitted unit is a JADU. This is a requirement for legally and illegally constructed JADUs.
Inspection documents if a third-party inspection from a licensed contractor was utilized.
Paying Fees
The ADU Amnesty permit is a flat fee of $570 in addition to applicable administrative and state fees. This fee is due prior to project review. After submitting your application, staff will reach out with instructions to complete the required payment.
