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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Hot Housing Options-Mother-in-Law Apartments

My co-blogger, Professor Pearson wrote a post about the silver housing concept published in a recent issue of the New York Times.  One of my elder law rock star students, Sushil Cheema, sent me an article from the Wall Street Journal on another story about housing: the mother-in-law apartment.

When I moved to Florida eons ago (or as I like to remind my JD students, last century), one would often see ads describing the perks of houses listed for sale as including a mother-in-law apartment (and it seems to my vague recollection, those were often over a garage…)  St. Petersburg is a vibrant, happening place to live. I haven’t had a need to be checking the housing market, so I don’t know whether houses with these added apartments are still listing them as “mother-in-law” apartments.

But, the phrase isn’t evidently as dated as I thought it was. According to the Wall Street Journal article, The Hottest Home Amenity: In-Law Apartments

the hottest amenity in real estate these days is an in-law unit, an apartment carved out of an existing home or a stand-alone dwelling built on the homeowners’ property. While the adult children get the peace of mind of having mom and dad nearby, real-estate agents say the in-law accommodations are adding value to their homes.

Accessory-dwelling units (the more popular term these days) can make a huge difference in the popularity and price of a property.  The article mentions trends by home builders, including the addition of a “casita” on the property, or properties designed for multi-generational families, such as “MultiGen dwellings” or “NextGen” dwellings.   Regardless of what you call it, dwelling space for the family matriarch or patriarch is the hot topic. “Architects also cite an uptick in requests for in-law units. “We hardly ever do a house anymore that doesn’t have multiple buildings,” often as dwellings for aging parents, said Michael Frederick, an architect in Beaufort, S.C.”

As those of us who teach elder law know, multiple dwellings on a property may run afoul of zoning ordinances, especially those zoned single family, or those with homeowners associations. The article recognizes this issue, too. “Until recently, homeowners in many areas weren’t able to build in-law units on their properties because of local regulations that made them either illegal or too complex to build. But efforts by lobbying groups like AARP and individuals like Portland-based ADU blogger and educator Kol Peterson have led to loosened rules in some areas, advocates say.”

Of course, the regulations governing and the cost of building aren’t the only issues. As mentioned in the article, there are intrinsic and emotional issues to be covered. This is a great overview of the housing issues and I think useful in our classes to engender stimulating discussion.