2026-09-09 · California · Legislation · Pending — not yet law

A bill that would widen the class of lots on which California homeowners associations cannot block accessory dwelling units — and double the number of detached ADUs a local agency must approve — is awaiting the Governor's signature. AB 956 is not law. It was enrolled and presented to Governor Gavin Newsom on September 4, 2026, after the Senate concurred 60–2 on August 27.¹

Authored by Assemblymember Sharon Quirk-Silva with Assemblymembers Juan Carrillo and Buffy Wicks and Senator Scott Wiener as coauthors, the bill amends Civil Code sections 714.3 and 4751 and Government Code section 66323. It was introduced on February 20, 2025 and is a two-year bill.

Two words, and what they carry

Civil Code section 4751 is the Davis-Stirling ADU provision; section 714.3 is its general-covenant counterpart. Both currently apply to a lot “zoned for single-family residential use.” AB 956 changes both to a lot “zoned to allow single-family residential use.”²

The difference matters in mixed and multifamily zones. A lot zoned to permit several residential forms, one of which is single-family, is not obviously “zoned for” single-family use — but it is plainly zoned to allow it. The amendment brings those lots inside the protection.

What "reasonable restrictions" still means

The bill does not disturb the existing structure. Associations may impose reasonable restrictions — those that do not unreasonably increase construction cost, do not effectively prohibit construction, and do not extinguish the ability to build a unit compliant with the applicable Government Code article.

Reasonable restrictions expressly exclude any fees or other financial requirements. That exclusion is existing law rather than a change, and it is the provision associations most often get wrong.

One ADU becomes two

On the local government side, section 66323 would be amended to raise from one to two the number of detached, new-construction ADUs a local agency must ministerially approve on a lot with a proposed or existing single-family dwelling.

A local agency would not be required to ministerially approve a junior ADU permit on a lot where two detached, new-construction ADUs have already been built.

1. AB 956, California Legislature — bill status and complete history (enrolled and presented to the Governor September 4, 2026) ↩
2. AB 956, California Legislature — bill text and Legislative Counsel's Digest (amending Civil Code §§ 714.3, 4751 and Government Code § 66323) ↩
3. Accessory Dwelling Unit Handbook, California Department of Housing and Community Development (March 2026 edition) — HOA FAQ and 'reasonable restrictions' definition excluding fees ↩
4. 2026 Tentative Legislative Calendar, California State Senate (September 30 last day for the Governor to act) ↩