Additional Housing Dwelling Units
The bill amends existing zoning laws to provide a clearer framework for the construction of additional dwelling units. Notably, it limits local authorities' ability to impose additional restrictions or fees that could delay or prevent the construction of these units. Under the new law, long-standing covenants or neighborhood association rules that restrict the construction or use of additional dwelling units would be void. This move is expected to alleviate some of the regulatory barriers previously faced by homeowners desiring to build or add units to their properties.
House Bill 425 aims to increase housing availability by allowing for an additional dwelling unit on lots within single-family zoning districts in New Mexico. The legislation specifies that local zoning authorities must accommodate such units without imposing single-family or owner-occupancy requirements. The intention is to address the housing shortage by facilitating the creation of more residential units within existing single-family neighborhoods. This bill seeks to promote the development of accessory dwelling units (ADUs) as part of a broader strategy to enhance housing options and affordability in urban and suburban areas.
Concerns surrounding HB425 include potential pushback from local governments and homeowners associations that feel the bill undermines their authority to regulate land use and property rights. Some critics argue that allowing additional units without local input could lead to overcrowding or negatively affect neighborhood character. Proponents, however, emphasize that in the face of a housing crisis, it is essential to prioritize increased housing supply and that the oversight of new units should remain manageable through basic health and safety inspections.
One significant aspect of the bill is that zoning authorities cannot impose additional standards for the proposed dwelling units beyond health and safety regulations, which is projected to simplify the approval process. Furthermore, the bill allows the additional dwelling unit to be rented, provided rental terms exceed thirty days, promoting flexibility for homeowners to utilize their properties for additional income.