Bill Description: House Bill 166 would forbid CC&Rs from strictly prohibiting internal accessory dwelling units.

Rating: 0

NOTE: In its original form, House Bill 166 would have limited local bans of accessory dwelling units (ADUs) on private property. As amended in the Senate, the bill applies only to what the bill calls "internal accessory dwelling units" (IADUs) and it prohibits only covenants, conditions, or restrictions that strictly prohibit IADUs. HOAs are still allowed to "adopt reasonable rules governing the use of internal accessory dwelling units." Additionally, the prohibition against county or city ordinances banning ADUs was removed from the bill. As a result of these substantive changes, the rating of House Bill 166 has changed from (+1) to (0).

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 166 would create three new sections of Idaho Code to limit local bans of accessory dwelling units on private property.

An accessory dwelling unit would be defined as "a self-contained living unit that includes its own cooking, sleeping, and sanitation facilities, and that is located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or the homestead's attached or detached garage." The term would not include "a motorhome, camper, recreational vehicle, tiny home on wheels, or other such similar dwellings on wheels."

Section 55-3212, Idaho Code, would say, "No homeowner's association may add, amend, or enforce any covenant, condition, or restriction in such a way that creates a general ban of accessory dwelling units, as defined in section 67-6540, Idaho Code, from being located within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead's detached or attached garage that is within the jurisdiction of the homeowner's association."

Section 55-618, Idaho Code, would say, in part, "on and after July 1, 2023, no restrictive covenant may be entered into that prohibits an accessory dwelling unit, as defined in section 67-6540, Idaho Code, from being situated within a detached, owner-occupied homestead, as defined in section 63-701, Idaho Code, or such homestead's detached or attached garage. Any such covenant is hereby declared to be against public policy and is void and unenforceable."

This section would not be retroactive, and would "not apply to a restrictive covenant against accessory dwelling units entered into prior to July 1, 2023."

Section 67-6540, Idaho Code, would prohibit cities and counties from enacting or enforcing "any ordinance that bans accessory dwelling units in any residential zoning area within its jurisdiction." It would still allow cities and counties to "implement reasonable regulations that it deems necessary to safeguard the public health, safety, and general welfare of its residents."

Accessory dwelling units would be "classified as a residential land use for zoning purposes subject to all applicable zoning requirements."

House Bill 166 would not fully recognize the right of property owners to have and construct accessory dwelling units, nor would it prohibit all local bans or regulations of them. Nevertheless, the bill would take some positive steps to limit local bans and protect private property rights.

(+1)