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S 1354

ACCESSORY DWELLING UNITS – Amends and adds to existing law to revise provisions regarding prohibitions against restrictive covenants banning accessory dwelling units and to establish provisions regarding accessory dwelling units in the Local Land Use Planning Act.

68th Legislature, 2nd Regular Session (2026)

Idaho bill prohibits property covenants from banning accessory dwelling units to increase housing supply while limiting homeowner association controls over residential land use.

Signed by Governor on 03/31/26 Session Law Chapter 265 Effective: 07/01/2026
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Bill Summary · S 1354

Legislative bill overview

S 1354 amends Idaho law to restrict property covenants from banning accessory dwelling units (ADUs) and integrates ADU provisions into the state's Local Land Use Planning Act. The bill removes legal barriers that currently allow homeowner associations and deed restrictions to prohibit secondary housing units on residential properties.

Why is this important

ADUs—smaller residential units on single-family lots (guest houses, basement apartments, converted garages)—are increasingly viewed as a solution to housing shortages and affordability crises. By preventing restrictive covenants from blocking ADUs, the bill could increase housing supply and provide homeowners additional income opportunities, though it simultaneously reduces property owners' traditional control over their neighborhoods' character and density.

Potential points of contention

  • Property rights vs. housing access: Homeowners and HOAs argue deed restrictions represent binding property rights; housing advocates counter that restrictions artificially limit supply and worsen affordability
  • Neighborhood character and infrastructure: Residents express concerns about increased density, parking, traffic, and strain on utilities; supporters argue these fears are often overstated
  • Implementation ambiguity: The bill's interaction with existing covenants, grandfather clauses, and local zoning authority remains unclear from the description alone

Compiled from official sources — confirm details with the bill’s official record.

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