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Does Florida allow granny pods?

Some Florida cities allow for the units in some neighborhoods, but not for affordable-housing reasons. In some Fort Lauderdale neighborhoods, for instance, they are permitted for family members or as “servant quarters,” but not to be rented out.

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Accessory dwelling units, also known as "granny flats" or "mother-in-law suites," could provide affordable housing in Broward County. The units can be part of a primary home, as with a garage conversion, or can be in an addition to the home or separate structure. (Courtesy/Broward County Planning Council) The answer to South Florida’s affordable-housing crisis could be right in your backyard or garage. Florida approved legislation 15 years ago that encouraged cities to allow single-family homeowners to build a second dwelling on their properties that could be rented out to very low- to moderate-income wage earners. Few communities — Key West was one — pursued the idea, but now Broward County is giving it a fresh look. Recent studies have shown South Florida has the nation’s highest percentage of severely burdened renters, with more than a third paying more than half their income on housing. The “accessory dwelling units” being discussed have been called “granny flats” and “mother-in-law cottages” — nicknamed for the past practice of having a small, separate home for a close relative on one’s property.

It’s up to cities to proceed

If Broward commissioners approve a proposed land-use change supporting the secondary units, it still would be up to individual cities to decide whether they want to open their neighborhoods to an influx of new dwelling units and the people who would live in them. Commissioner Nan Rich and other affordable-housing supporters say it’s time to encourage local communities to seriously consider changing their regulations. “To solve the affordable-housing crisis, we’re going to have to use multiple options,” Rich said. “Just because it hasn’t been done here yet, it’s not a reason for us not to try.” The units not only provide affordable housing for the renters, but they create income that makes homeownership more affordable for the property owner, Rich said. Under the state statute and county proposal, the dwelling can be free-standing, an addition attached to the primary home, or the conversion of a garage or other living space into a second unit with its own entrance. The homeowner would have to commit to renting it to a person or family making no more than 80 percent of the county’s median household income — currently no more than $51,750 for a two-person household. The rent for a two-person household would have to be less than $1,300 a month.

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The housing would have to have a kitchen and bathroom and a separate entrance.

Hurdles to overcome

The county’s land-use change does not address questions that cities would have to answer:

— Would on-street parking be allowed or would a separate space have to be provided on the property for the renter?

— How big of a structure would be allowed and would the property itself have to be a minimum size to permit a second dwelling?

— Would the property owner have to live in one of the dwellings, or could a landlord renting out a home be allowed to build a second rental unit on the property?

— How would cities regulate the units to make sure they are used for affordable housing and don’t become short-term vacation rentals on Airbnb?

Many cities are already dealing with hunting down conversions and additions that have been made without the proper permits.

Bound to face scrutiny

Former Fort Lauderdale Commissioner Tim Smith, who lives in the city’s Middle River Terrace community, said he doesn’t think there would be much support for the idea in the cities. While some people might not mind using a piece of their property for a rental, more would be opposed to having the same thing in a neighbor’s yard, he said. “The neighborhoods that are already made, they don’t want to change zoning to make it more dense,” Smith said. “The single-family neighborhoods are for people that want to live in suburbia.” Jaimie Ross, president of the Florida Housing Coalition, said she hopes cities don’t let difficulty crafting a law keep them from doing so. They could create certain zones where the secondary units are allowed and others where they are not, she said. Ross supports more of the secondary units being created even if they are not tied to specific affordable housing goals. She can see older residents building and moving into a separate unit on their property and renting out the main home, allowing them to stay in the same neighborhood while downsizing. There can be a similar benefit for a young adult just stepping out into the work world after finishing college, allowing them to stay in a familiar neighborhood while also achieving a greater level of independence, she said.

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Breaking News Alerts As it happens Get updates on developing stories as they happen with our free breaking news email alerts. > Broward County currently has at least 1,660 detached dwelling units in single-family neighborhoods, according to data from the Property Appraiser’s Office. Hollywood and Fort Lauderdale have the most, with 686 and 624, respectively.

Other states embrace it

The granny-flat idea has gained popularity in some states, especially California, where state laws require cities to allow the secondary structures. California had the largest number of building permits for accessory dwelling units in 2017, with 4,352, according to statistics compiled by ATTOM Data Solutions in collaboration with Buildfax. Florida was fourth with 944 permits, including 270 from Southeast Florida. Some Florida cities allow for the units in some neighborhoods, but not for affordable-housing reasons. In some Fort Lauderdale neighborhoods, for instance, they are permitted for family members or as “servant quarters,” but not to be rented out. The only report on the state law was done three years after it was enacted and found only one city — Key West — that followed the state’s lead for affordable housing. Barbara Blake Boy, executive director of the Broward County Planning Council, said granny flats don’t have to start popping up in every community for the new effort to be successful. “If you get one or five affordable dwelling units, that’s better than zero,” Blake Boy said. “Maybe it is a tool from the past. I think there’s room for it in the future.”

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