An Accessory Dwelling Unit (ADU) is a secondary residential living space located on the same lot as a single-family home. ADUs are becoming popular throughout the United States as a method of rezoning to allow critically needed smaller housing options.
Needham has an ADU bylaw allowing attached ADUs that are part of a principal residence and meet certain conditions. The ADUs are allowed by right and they can be rented with a minimum lease term of six months.
On August 7, 2024, the Commonwealth of Massachusetts enacted the Affordable Homes Act, which includes a provision that permits ADUs—both attached and detached—by right in single-family zoning districts in all Massachusetts communities. The law’s provisions go into effect on February 2, 2025, leaving cities and towns fewer than six months to amend their zoning bylaws to be in compliance with the new law.
The Commonwealth is leaving it to towns and cities to make some modifications to the law, as they see fit, such as additional size and dimensional setback restrictions, requiring a site plan review, and restricting short-term rental of ADUs. Municipalities will be reviewing, amending and/or drafting ADU bylaws to address any issues of concern and implement “reasonable” restrictions allowed by the new law. However, whether or not municipalities amend their bylaws will have no impact on residents’ ability to build ADUs as of February 2, 2025, since state law supersedes local bylaws.
Here is some additional information about ADUs:
