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Home/Bills/AB 1055California · 2025–2026 Regular Session
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AB 1055: Accessory dwelling units: proof of residential occupancy requirements.

California · Assembly · 2025–2026 Regular Session · last verified February 3, 2026

What AB 1055 does, verified February 3, 2026

This bill would allow local agencies to require property owners to certify that an accessory dwelling unit will be occupied as a residential dwelling unit for at least 6 months out of each year. The local agency would then annually recertify that the unit is occupied as a residential dwelling unit for at least 6 months out of each year. The agency would provide at least two notices to the owner of the accessory dwelling unit and cannot charge more than a reasonable fine for failure to comply with the annual certification provisions.

Bill journey
✓IntroducedComplete
2In CommitteeCurrent
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. (2026-02-02)Alert me
Recent actions13 total · showing 5
Feb. 02, 2026From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Jan. 31, 2026Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
Apr. 24, 2025Assembly Rule 56 suspended. (Page 1265.)
Apr. 24, 2025(Pending re-refer to Com. on L. GOV.)
Apr. 24, 2025Assembly Rule 56 suspended. (Page 1265.)
Full action history, 8 earlier actionsConnect Plus
Latest bill textAmended version, April 10, 2025 · 649 words

Amended IN Assembly April 10, 2025
Amended IN Assembly March 10, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 1055


Introduced by Assembly Member Boerner

February 20, 2025


An act to amend Section 66315 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1055, as amended, Boerner. Accessory dwelling units: proof of residential occupancy requirements.
Existing law, the Planning and Zoning Law, provides for the creation of an accessory dwelling unit by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards. Existing law similarly provides for the creation of junior accessory dwelling units by local ordinance or, if a local agency has not adopted an ordinance, by ministerial approval, in single-family residential zones in accordance with specified standards and conditions. Existing law generally prohibits a local agency from imposing additional standards, as specified, when evaluating a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. However, existing law authorizes a local agency to require that the property be used for rentals of terms 30 days or longer.
This bill would additionally authorize a local agency to require proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units. the property owner to certify, as specified, that the accessory dwelling unit will be occupied as a residential dwelling unit for at least 6 months out of each calendar year. The bill would authorize the local agency to annually recertify, as specified, that the accessory dwelling unit is occupied as a residential dwelling unit for at least 6 months out of each calendar year. The bill would require the local agency, in enforcing the annual recertification provisions described above, to include at least 2 notices to the owner of the accessory dwelling unit, and would prohibit the local agency from, among other things, charging more than a reasonable fine for failure to comply with the above-described annual certification provisions, as specified.
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:


SECTION 1.

Section 66315 of the Government Code is amended to read:

66315.

Section 66314 establishes the maximum standards that a local agency shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in Section 66314, shall be used or imposed, including an owner-occupant requirement, except that a local agency may require either any of the following:
(a) That the property may be used for rentals of terms 30 days or longer.

(b)Proof of residential occupancy for any streamlining of accessory dwelling units or junior accessory dwelling units.

(b) (1) The property owner to certify that the accessory dwelling unit will be occupied as a residential dwelling unit for at least six months out of each calendar year.
(2) The certification shall not be made under penalty of perjury.
(c) The local agency may annually recertify for the first 10 years, through self-certification of the owner of the accessory dwelling unit, that the accessory dwelling unit is occupied as a residential dwelling unit for at least six months out of each calendar year.
(d) (1) In enforcing subdivision (c), a local agency shall include at least two notices to the owner of the accessory dwelling unit.
(2) In enforcing subdivision (c), a local agency shall not do either of the following:
(A) Require the owner of an accessory dwelling unit to tear down their accessory dwelling unit for not being used as a residential dwelling unit for at least six months out of each calendar year.
(B) (i) Charge more than a reasonable fine for failure to comply with subdivision (c).
(ii) For purposes of this subparagraph, a reasonable fine is a fine as described in subdivision (c) of Section 25132.

Text of AB 1055 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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