(a) The initial rental of ADUs shall be regulated by the Board or its designee.
(b) For the initial rental of ADUs within a single-family detached, a single-family attached, a multifamily attached, or a multifamily stacked development, written notices from the owner shall be sent by registered or certified mail advising the Board or its designee that a particular ADUs is or will be available for rent.
(1) Such written notice may be sent by the owner at any time after the issuance of a zoning permit for the ADU that is being or will be offered for rent, but not earlier than one hundred and twenty days from the date the owner has established as the target date for occupancy of such ADU.
(2) The written notice shall include the following information:
A. The number of bedrooms in each ADU;
B. Floor area (in square feet) of each ADU;
C. Amenities;
D. The target date for each ADU’s occupancy;
E. The number of ADUs available and their location within the development;
F. The addresses of each ADU, which shall include the parcel identification number; and
G. A copy of the approved subdivision plat, condominium plat and/or site plan for the development in which the ADU is located.
(c) All ADUs available for rent shall be leased for a minimum six month period, with a maximum term of lease of twelve months, only to certified tenants. Following the initial rental term, subsequent rents may be done on an annual, bi-annual or monthly basis, in accordance with this chapter and additional terms required by each participating landlord.
(1) A certified tenant shall occupy the ADU as his/her primary domicile, cannot sub-lease the ADU, and shall provide an annual certification of his/her annual household income to the Department. The rental agreements for such ADUs shall include conditions which require the certified tenant to occupy the unit as his or her primary domicile, prohibit the subleasing of the unit, require continued compliance with the income eligibility criteria established in Chapter 9 of the County Zoning Ordinance, and require the tenant to annually certify his or her annual household income and compliance with his or her continued occupancy of the ADU, and such other facts that the owner/landlord may require in order to ensure that the tenant continues to meet such an income eligibility criteria.
(2) Tenants shall continue to meet the income eligibility criteria for certified tenants established in Chapter 9 of the County Zoning Ordinance in order to continue occupying the ADU. Tenants who no longer meet the income eligibility criteria may continue to occupy the ADU until the end of the lease term. If a comparable unit has been authorized by the Department pursuant to section 1450.08(b)(1)E. of this chapter, such tenant may continue to rent the unit at market rent rate.
(3) Income eligibility of tenants of rental ADUs shall be verified prior to lease renewal.
(4) The owner/landlord of a development containing rental ADUs shall lease the ADU at no more than the ADU rental control price as determined by ADUAB and provide the Board or its designee with information regarding the occupancy of such rental ADUs on a monthly basis, at a minimum. Such information shall consist of a statement, verified under oath, which certifies the following as of the first of such month:
A. The address and name of the development containing rental ADUs, and the name of the owner/landlord;
B. The number of rental ADUs, by bedroom count, which are vacant;
C. The number of rental ADUs, by bedroom count, which are leased. For each such ADU, the statement shall contain the following information:
1. Each ADU’s address and bedroom count;
2. The tenant's name and household size;
3. The effective date of the lease;
4. The tenant's (household) income as of the date of the lease;
5. The current monthly rent.
D. A statement that to the best of the owner/landlord's information and belief, the tenants who lease and occupy the rental ADU are certified tenants who still meet the income eligibility criteria in Chapter 9 of the County Zoning Ordinance, except those tenants eligible to remain in their rental ADU, as specified in section 1450.08(b)(1)E. and section 1450.09(b)(2).
(Ord. 99-07. Passed 6-16-99; Ord. 19-13. Passed 7-10-19; Ord. 24-09. Passed 9-11-24.)