Tiny Homes: A Discussion Of Their Legal Implications

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Tiny Homes: A Discussion of Their Legal ImplicationsBy: Jennifer Breneman and Tyler SemlerIntroductionFrom TV shows and documentaries, to the multitude of websites and how-to guides,it is clear that tiny homes have made an incredible impact. But what makes tiny homes sospecial, and why would anyone want to live in one if they didn’t have to? Tiny homeadvocates tend to put great emphasis on the minimalism of tiny homes, and indeed they dorequire minimal materials to build and minimal space to construct. The benefits attributedto tiny homes however are anything but minimal. The key to unlocking the benefits, whilecurtailing concerns, requires a detailed ordinance, as well as a detailed understanding ofthe issues surrounding tiny homes.The acceptance of tiny homes has one small hurdle to cross, they are illegal. Tinyhomes cannot legally be constructed over much of the country 1. Primarily they arerestricted because of minimum size requirements instituted by zoning ordinances butconstruction requirements also tend to disallow tiny homes. This becomes a problem whenone considers the increasing demand for tiny homes. Without a proper ordinance allowingfor tiny homes, those interested in owning or renting them are unable to reap thesubstantial benefits associated with tiny homes, and which will be detailed later in gs%20Vol%209A.pdf#page 921

The attached ordinance will provide for tiny home use by exempting them from thevarious regulations which prohibit them, and it will also set out substitute regulationswhich will prevent the problems linked to tiny homes from occurring. The ordinance willonly allow for fixed tiny homes and it will only allow for tiny homes in two specific settings.This will ease the burden on regulators while allowing for the maximum opportunity forthose interested in “living tiny.”The ordinance will begin with general provisions, stating the purpose and includingrequired sections. It will then detail definitions and general requirements of tiny homes.Specific regulations of Accessory Dwelling Units and tiny homes in communities will follow.The final section will detail the requirements for tiny home communities.The paper will focus on the following points: 1) presenting a general background oftiny homes, their structures, and demographics of users, 2) reviewing the problemsassociated with tiny homes and why they are not more generally accepted, 3) consideringthe benefits associated with tiny homes, 4) analysis of how other jurisdictions have dealtwith tiny homes, 5) examining the keys to an effective ordinance to regulate tiny homes.I.General BackgroundConsolidated living, in a form more in line with nature, is not a new concept.Thoreau and his Walden Pond, though oft cited by tiny home lovers, was not the first oronly advocate of a simpler way of living 2. The modern tiny home movement certainly hasroots in this ideology, but it has expanded and blossomed into something much larger. Asthe tiny home movement has expanded, so too have the number of tiny home designs,The Surprising Origins of the Tiny House Phenomenon, e-history-hermits22

users, and uses. This makes even a definition of tiny homes difficult. To aid in this task, abackground of tiny homes has been set forth, along with information about variations instructure, uses and demographics.A.History of the Tiny Home MovementWhile many have advocated a need to live simply, it was not until houses startedgetting big that there became a movement to make them small again. In the United States,this started happening in the 1970’s 3. The movement didn’t really start to gain steamhowever until the late 1990’s and the release of Sarah Susanka’s 1998 book The Not So BigHouse 4, the success of which comes from its innovative descriptions of how tiny isachievable. The early 2000’s saw an explosion in uses for tiny homes and the financial crisisof 2008 has been the biggest boon to tiny homes to date 5.There are a multitude of reasons that interest in tiny homes has accelerated since2000. Greater technology has helped downsize the necessities of life, allowing smallerliving to be an easier transition. Examples include smaller appliances, higher preformingmaterials such as insulation, and heating and cooling devices. Natural disasters such ashurricane Katrina, and the need for affordable temporary housing which follow, have beena golden opportunity for tiny home makers 6. Rising rents around the country have madepeople look to unconventional housing to decrease their cost of living 7. Baby boomers havefinally reached retirement age and, reluctant to move to nursing homes, have found someID.ID.5ID.6ARTICLE: SAVING THE AMERICAN DREAM: THE LEGALIZATION OF THE TINY HOUSE MOVEMENT, 54 U. Louisville L.Rev. 3577What Is The Tiny House Movement?, ment/343

forms of tiny homes to be an appealing alternative 8. The sustainability movement acrossAmerica has also had an impact on the tiny home market, because they require fewermaterials to create and they take far fewer resources to maintain 9. Tiny homes have evenstarted to become a novel way of helping with homelessness across America 10.B.Variations in Structure.Tiny homes, while wildly varying in style, can be easily put into two categories, fixedtiny homes and tiny homes on wheels, (THOW’s) 11. Tiny homes on wheels are those thatare built on a trailer chassis and are constructed to an RV code 12. Fixed tiny homes areaffixed to a foundation and typically need some sort of variance in order to be occupied 13.THOW’s tend to be the smallest of the two categories. The practical reason for this ismobility. If a unit is larger than 8 feet wide it needs special permitting to be able to tow it.Because of this restriction many units are around 100 square feet, though they can be madeas large as 250 square feet, and still be towable without special permitting 14. Units madelarger are not really intended to be moved, but rather they allow a unit to slide through aloophole in most laws, typically ordinances, which allows for RV’s to be “temporarily” livedSerene Senescence. modular aging in place in Fargo, North Dakota, Kristin M. kages/Microsoft.MicrosoftEdge 8wekyb3d8bbwe/TempState/Downloads/clarksean book.pdf9What Is The Tiny House Movement?, ment/10Finding Space. Assessing how planning responds to tiny houses for homeless ments/LauraF.pdf11The Surprising Origins of the Tiny House Phenomenon, e-zoning-laws-regulations12Can Modular Construction Explode the Tiny Home Movement?, -explode-tiny-home-movement/13ARTICLE: SAVING THE AMERICAN DREAM: THE LEGALIZATION OF THE TINY HOUSE MOVEMENT, 54 U. LouisvilleL. Rev. 35714Overcoming the Barriers to Micro-Housing, Emily ream/handle/1794/19948/Brown final project 2016.pdf?sequence 4&isAllowed y84

in 15. An estimated 63% of tiny homes are mobile, with an overwhelming majority located inRV parks, tiny home communities, or another person’s yard 16.Fixed tiny homes are merely houses in miniature. Approximately 37% of tiny homeusers live in fixed units, though this may be attributed to higher difficulty in residing inthem legally 17. Also notable is the fact that a clear majority of fixed tiny home residents liveon their own land 18. Fixed tiny homes are not constrained by the need to be able to move,so they typically fall in the 250-400 square foot range, with not insubstantial numbersfalling outside this standard range 19.C.Variations in Uses.Those that choose to live tiny typically have some motivating factor in choosing atiny home over something more traditional. These factors often have a financialcomponent, but that is seldom the sole reason. There also tends to be substantial variationamong age ranges 20.The mobility of tiny homes is an appealing feature for some people. With some smallmodels able to be towed by a simple pickup truck, the ability to relocate simply, and formuch less than some RVs, is unparalleled 21. Those considered “free spirits” are amongthose that take advantage of this use, though they are not the only ones. There are manyCan Modular Construction Explode the Tiny Home Movement?, -explode-tiny-home-movement/16Tiny House Demographics, 2015, aphics.html17ID18ID19Overcoming the Barriers to Micro-Housing, Emily ream/handle/1794/19948/Brown final project 2016.pdf?sequence 4&isAllowed iny-house-zoning-laws-regulations155

people who must frequently relocate because of work, and because of this, are precludedfrom buying a traditional home because they would have to sell it before any equity couldaccrue.Tiny homes are ideal as affordable housing. They can suit new home owners thatcannot afford traditional homes, but are disheartened by the inflated rental market 22. Theyare also ideal for those that would be otherwise homeless 23. Several studies have beendone which prove tiny homes can be an effective way to house homeless populations aswell as give them the boost that they need to overcome their status 24.Tiny homes are also utilized as accessory dwelling units 25. Accessory dwelling units,or ADUs, are smaller houses which occupy a single building lot with a larger, main,structure 26. While having a secondary unit on a lot can have several uses, there aretypically two important ones which stand out. They are very popular with younger tinyhome owners who build tiny homes on their parent’s lot 27. This separate livingarrangement allows autonomy and responsibility, while also being financially frugal. ADUsare also utilized as care units for disabled or elderly populations LE: SAVING THE AMERICAN DREAM: THE LEGALIZATION OF THE TINY HOUSE MOVEMENT, 54 U. LouisvilleL. Rev. 35726ID27ID28Overcoming the Barriers to Micro-Housing, Emily s/Microsoft.MicrosoftEdge 8wekyb3d8bbwe/TempState/Downloads/clarksean book.pdf22236

ADUs as care units can again be divided between two categories based on whichparty occupies them, the care giver or the care receiver 29. In either case the care receivergains the benefit of maintaining some level of independence. When the receiver adds anADU to their property they can “age-in-place” and prevent the loss of freedom, dignity andfinances associated with assisted living facilities 30. The concept of an in-law flat is nothingnew, but modern advances have really revolutionized what have come to be known asgranny-flats or granny-pods 31. These tiny homes are often made using modular techniquesand incorporate universal design features 32. While renovating a home to be compatiblewith a senior can be very costly, an ADU granny-pod can save costs as well as bring seniorscloser to family without overburdening them.D.DemographicsImportant in any decision-making process, is knowing who will be affected by theoutcome. Tiny homes are appealing to those of all ages, though not in all the same ways.Those above 50 tend to look for entirely different things in a tiny home than those under35. The resources available to different demographics also have an important impact onthose able to get a tiny home, despite there being a larger demand.Older Americans make up a significant portion of tiny home owners. Approximately40% of tiny homes are owned by those 50 and up, despite another survey showing that tinyhomes are least appealing to those 55s and older 33. The reason for this dichotomy is likelyIDID31ID32Can Modular Construction Explode the Tiny Home Movement?, de.com/blog/tiny-house-movement/29307

twofold. Senior Americans can, and do, take advantage of ADU’s where they are available.Older Americans also tend to have more capital than those starting out, and the hurdle ofcost is one they can more easily cross.Over a third of Americans age 18-34 would at least “seriously consider” moving intoa tiny home 34. Part of why this group is so willing to look to owning a tiny home is therental market. More than half of this age group rents, which is above the average in nearlyevery state 35. Rental prices are also not decreasing, leading to an even larger incentive toown tiny.Overall, those interested in tiny homes come from all walks of life. The educationlevel attained by tiny home advocates is varied, with one third having attained a bachelor’sdegree 36. Generally, those interested in tiny homes also have small families, with singleperson residences being the majority but with families as large as four not being unheardof 37. Among those that participated in a recent survey (that had interest in tiny homes butdid not own), over a quarter referred to cost as being their primary deterrent to not go tinyand nearly the same number cited zoning or other regulations for their inability to goforward 38. It is not uncommon for these to be linked, because many banks will not fund tinyhomes until they have satisfied all regulations.II.Problems of Tiny ation.org/tinydemographics.html37ID38ID34358

Tiny homes are not without noteworthy problems, but the problems often havestraightforward solutions. The foremost problems with tiny homes are not even associatedwith their traits, but rather focus on their prohibition. Tiny homes are not banned explicitlyfrom the vast majority of municipalities, but rather they do not meet certain thresholdsmandated in ordinances 39. Secondary problems linked with tiny homes have to do withperceived risks and issues that stem from inadequate regulation. In addressing these,suggested solutions will also be put forth.A.Current ProhibitionsTiny homes have a reputation for operating in the grey area of the law, and for goodreason, they often do not meet requirements put in place years and decades ago. Therequirements largely fall into two categories, building codes and zoning.Homes that do not adhere to a building code are unfit for habitation. Residences ona permanent foundation in Pennsylvania must adhere to the international residential code(IRC). The IRC is updated every 3 years and states may or may not adopt new versions 40.Currently Pennsylvania uses the 2009 version of the IRC 41. The building code is a largedocument with very specific requirements for all aspects of a home 42. There are numerussections in the code that a tiny home may come into conflict with, due to their small sizeand attempts to make the most out of available space. These include, but are not limited to:room size requirements – each room must be 70 square feet, height requirements – thiseffectively prohibits lofts, stairs – full sized stairs are not compatible with tiny homes, 2009/icc.irc.2009.pdf40419

emergency escape routes – sleeping quarters and lofts may have escape routes, but they donot fit into the code’s definitions 43. While future versions of the IRC are predicted toaddress tiny homes, there is no way of knowing when Pennsylvania would adopt thoseprovisions and if the new provisions would be compatible with Pennsylvania’s vision oftiny homes.Often the most legally grey aspect of tiny homes is when their users classify themunder Recreational Vehicle or Park Model Recreational Vehicle Codes. The governingregulators are the American National Standard Institute (ANSI), with the help of theRecreational Vehicle Industry Association (RVIA), and the National Fire ProtectionAssociation (NFPA) 44. These codes allow for a tiny home to be built on a trailer with amaximum size of 400 square feet (500 if it meets additional HUD codes, but this isuncommon) 45. The catch is that while the tiny home can meet these building standards, thecodes explicitly prohibit the recreational vehicle from being used as a permanent dwelling.While an RV does not need to be continuously moved, it can for instance be stored in theowners backyard indefinitely under the code, it cannot be used. Some tiny home ownersregularly move their homes to get around requirements that are phrased to include “in asingle location”, while others will stay in a location until they are reported to the properauthority’s and then relocate 46. There is less issue with park model RV’s located in ttp://www.rvia.org/?ESID -top-5-barriers-of-the-tiny-house-movement/434410

parks, but they are typically still not in compliance if they maintain continuous residencywithout the issue being addressed with regulations 47.Even if a building can be assembled to the relevant codes, it still must meet thezoning requirements for the location it is placed in for permanent residency. The mostobvious zoning regulation is the restriction on minimum size. Municipalities regulate theminimum size how they see fit and therefore there is no standard minimum. SteeltonBorough for example allows residences if they are larger than 600 square feet in size, ofhabitable space 4849. Other municipalities can have minimum sizes of 800 square feet, 1000square feet, or even larger 50. A large tiny home tops out around 600 square feet and that isusually measured gross, not just habitable space 51. Other relevant zoning restrictions arerestrictions on the number of structures or dwellings on a single lot and whether acommunity can be established in a given area. For Accessory Dwelling units, there has to bea primary dwelling to make the secondary dwelling accessory. Not all zoning districts allowfor more than one structure on a lot and even fewer allow for more than one dwelling on alot. Tiny home communities cannot be established just anywhere, and certainly not withoutinput from a zoning board 52. While zoning boards may have the discretion to establishthem under other provisions, such as the establishment of RV parks or mobile home parks,there are typically no direct provisions for tiny home communities 53. Because of this, 6/07/Steelton Zoning Ordinance-2009-06.pdf49Steelton Borough, Dauphin County, Pennsylvania Zoning Ordinance 2009-6 nyhousecommunity.com/start-a-community/53ID.474811

typical board would err on the side of caution and not approve what there is not precedentfor.B.Why Tiny Homes are ShunnedTiny homes have a reputation for ardent supporters, those that vocally promote thebenefits of tiny living. There are equally vocal detractors, those that don’t see any realbenefit to living in a tiny home, but they certainly see potential problems with tiny homesin their communities. Tiny homes are not without issues, though the severity of the issuescan be substantially mitigated with sufficient regulation. What follows are a few of the mostcommon arguments against tiny home and how they can be addressed with properregulation.i.DIY Disaster – CodesA 2500 square foot house is beyond the skill of any one person to construct in atimely manner. A 250 square foot home, however, can be an enticing challenge for a self-described DIY master, possibly with the help of a friend or two 54. It is not uncommon for anindividual to bite off more than they can chew, and the result is a sub-par product. If theproduct is made for another, there can be significant hazards to the buyer who may notknow to check for faulty wiring or assembly -3500/http://countryplans.com/smf/index.php?topic 10487.012

To minimize the risk of faulty construction, requiring inspections similar to what isrequired for other building projects is the easiest solution 56. Having a pertinent codeavailable, rather than the builder trying to work around the as now existing regulations,can aid in a favorable outcome. Generally, encouraging professional involvement will helpensure tiny homes are constructed in a responsible manner.ii.Property ValuationsPerhaps the largest outcry against tiny homes is on financial grounds, withneighbors concerned that tiny homes can impact their property values. Overall the concernis overstated, but it is not completely irrelevant. Public perception is very important inpassing the ordinance and as such this concern must be addressed, in at least some smallway, in the ordinance itself.The primary method that realtors use when appraising a home to list is using thecomp method 57. In that method the home is compared to other homes in the area that havebeen sold. Only comparable homes are used, so a 4-bedroom house would never directlyimpact the price of a 2-bedroom home, nor would a 1,000 square foot home be comparedto a 2,600 square foot home. Just because two houses both have 3 bedrooms, 2 baths andare approximately 1,500 square feet, does not mean that they should have the same price.There are many factors which can cause a home’s value to be adjusted up or down 58.The most obvious adjustments come from the quality of the home itself. Recentrenovations, new carpet, a well-designed layout, all of these can make a price go 65713

whereas a home in need of a new roof will make the price go down. After adjusting ahome’s price to account for what is in the home, externals factors come into play and theold maxim “location, location, location” has great significance 59.A homes location can have positive and negative effects on price and it can be director more indirect. A home conveniently located in a good school district, with easy access tomain roads and good stores will have a higher price than a home without those and locatedin a high crime area. Other location based impacts can be more indirect, such asunavoidable nuisances. Airports can create noise pollution and factories can create poor airquality. Unsightly or dilapidated neighboring properties likewise have a negative effect onhome price.Besides an arguable point about unsightliness, how then do tiny homes impact aneighboring properties value? Tiny homes are considered to be affordable housing, awonderful opportunity for low-income individuals and couples. There is a significantstigma around low income individuals being undesirable to be located around 60. Whilerarely stated, this is often the common thread in neighbor protests about how tiny homescan impact house values 61. Tiny homes in contrast have higher rates of the primaryoccupant having a college degree, but it is the perception that impacts the value.Affordable housing is important in every community. There are numerous ways thatthe impact of the affordable housing can be minimized. Mobile home communities havelong been a great way to group affordable housing together which minimizes impactedproperties. Tiny homes would similarly benefit from being in a community. Restricting 4

view of a tiny home also lessens its impact 62. Accessory dwelling units should be placed inthe back yard of home as to minimize its appearance. Similarly, the appearance of tinyhomes themselves can be addressed.iii.SlumsThe word “slum” does not paint a pretty picture for most Americans, and it oftenevokes the imagery of poorly built homes built haphazardly in a sweltering third worldcountry. Part of the reason slums do not persist in America, at least to that degree, isbecause of the work of Jacob Rii and his treatise titled How the Other Half Lives 63. In it, hedescribes the squalid conditions of turn-of-the-century New York city immigrant quarters.After the piece gained notoriety, public officials took note and responded accordingly,leading to the beginnings of modern zoning and building restrictions 64.Modern slums still exist, and not just the type depicted in movies like SlumdogMillionaire or the inception like landscape around Mexico City. Tokyo has a growing “fad”of what have been nicknamed coffin apartments 65. These rooms can be as small as 25square feet and can rent for the equivalent of 4-500 66. Without proper regulation, 6215

homes could follow down a similar path, with landlords allowed to have smaller andsmaller spaces with no real decrease in rent 67, 68.There are a number of ways, working in concert, that can prevent the ills of slums.Maintaining some minimum interior as well as exterior space is one way to prevent coffinapartment like tiny homes. Another important way to prevent the worst-case scenario is torestrict the ability to rent tiny homes. Allowing only one of the dwellings to be rented at atime in an accessory dwelling situation would effectively eliminate their exploitation byrental companies. Tiny homes in communities could be protected from slum status bysimply requiring that lots be of a certain size, a size which would not be smaller than thatneeded for apartments.iv.Aesthetic and the Community FeelEveryone has seen the impact before, that individual that is determined to make sure theirhouse stands out, and be it painting it purple, bringing back 18th century Spanish style homes to anew England village, or going with an ultra-modern look, they succeed. The role of governmentin controlling these choices is up for debate, with ardent supporters on both sides. What is forcertain however, is that individuals of each side will be present in the community and they mayimpact how tiny home ordinances are drafted.The most common way for controlling the appearance of a home is through Covenants,Conditions & Restrictions (CC&R) as part of a home owner’s association 69. Because these areregarded as voluntary, these restrictions can be quite narrow, specifying paint shades, house e/ccrs.html676816

and many other particulars. These restrictions are only available from CC&R’s and are not a verygood measure for a municipality70. They can be relevant to tiny home communities with a HOA.Municipalities do not have quite the same authority to regulate appearance as CC&R’s,though some jurisdictions have come close 71. Generally, however, in order to enforce specificprovisions an architectural review board is required. These boards review plans for newstructures and have the final say in pre-construction appearance 72. If a plan does not meet theirspecifications, they withhold the building permit.Without an architectural review board a municipality still has options, but it may bebetter to ground them outside of pure aesthetics. Municipalities have a duty to their residents andprotecting property values is part of that 73. Egregiously bad taste in housing can diminishproperty values and ordinances disallowing properties from significantly impacting the valueneighboring properties have been held to be valid.If an architectural review board is in place, there is no harm in requiring tiny homes tocomply to the same regulations as other structures 74. If there is no architectural review board,which is the case in many municipalities, it is important to know where to draw lines. Whileprovisions may be held up in court, it is perhaps more important that the provisions arestructured precisely enough, and with sufficient grounding to deter suit at all.v.Tiny Homes as Rental aw.marquette.edu/cgi/viewcontent.cgi?article 1652&context 4.cfm7017

Requiring units to be rented is an easy solution to prevent several of the issues thatplague tiny homes, but at the cost of deterring their use. The original owners of a tiny homeare often quite content to have it for their own use or the unrented use of ones close tothem, such as with ADUs. The issue then stems from resale. A home with an accessorydwelling in the back could be great for some families but without the ability to rent

tiny homes, their structures, and demographics of users, 2) reviewing the problems associated with tiny homes and why they are not more generally accepted, 3) considering the benefits associated with tiny homes, 4) analysis of how other jurisdictions have dealt with tiny homes, 5) examining the keys to an effective ordinance to regulate tiny homes.

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