Buying a Lakewood Property. How can I tell it qualifies for SB9?
Before LA County will approve an SB 9 urban lot split or two-unit development in Lakewood, every applicant must complete a five-page form called the Pre-Existing Site Conditions & Household Income Certification. Most people have never seen it until a planner puts it in front of them. This post walks through every section so you know exactly what you're signing — and what answers could stop your project before it starts.
Why This Form Exists
California's SB 9 law grants qualifying single-family homeowners the right to split their lot or add a second primary unit with ministerial (no-discretion) approval. But the state never intended SB 9 to be a tool for displacing existing renters or erasing affordable housing. So LA County requires this certification to answer two questions: (1) Are there existing or recently demolished units on the site that must be replaced? And (2) were any of those units protected by rent stabilization?
This form is distinct from the ADU process. If you've been exploring Lakewood's ADU potential, understand that SB 9 involves splitting the underlying parcel — a more involved path that carries these additional screening steps.
⚠️ Important: Failing to provide accurate and complete information on this form will delay your review or result in project denial. LA County's Department of Regional Planning can also require you to produce documentation supporting your answers under penalty of perjury.
Section 1 — Identifying Your Property
Section 1 is straightforward: the Assessor's Parcel Number (APN) and the property address or site location. Have your APN from the LA County Assessor's Office ready — planners will cross-reference it against their records to verify what has previously been permitted or demolished on the site.
Section 2 — Pre-Existing Site Conditions
This is the section that actually determines your eligibility. LA County uses a series of yes/no questions to screen for rent-stabilized units, recent tenancy history, and Ellis Act withdrawals. Answer every question carefully — the wrong combination immediately disqualifies your project from SB 9 review.
Questions 2a – 2c: Does replacement even apply to you?
Question 2a: Is your project new construction of a primary building, a change of primary use, a change in the number of principal units, a subdivision, or legalization of an existing unpermitted principal unit?
If No → replacement requirements do not apply. If Yes → continue.
Question 2b: Is your project a single-family demolition/vacation, new ADU construction, conversion to resident ownership in a mobilehome park, or addition of mobilehome spaces?
If Yes → replacement requirements do not apply. If No → continue.
Question 2c: Is your project a lease project subdivision per County Code Section 21.08.090?
If Yes → replacement requirements do not apply.
If all of 2b through 2g come back "No," you can skip directly to Section 4. But most SB 9 lot-split scenarios won't skip that easily — keep reading.
Questions 2d – 2j: The History of the Site
Question 2d: Has the property contained a dwelling unit in the last 10 years (vacant, occupied, or demolished)?
Question 2e: Were any units rented at any time in the last 5 years?
Question 2f: Were any units rented at any time in the last 3 years?
If "Yes" to 2f and "Yes" to 2j → project is NOT eligible for SB 9.
Question 2g: Were any units subject to a recorded affordable-housing covenant (moderate, lower, very low, or extremely low income)?
If "Yes" to 2g and "Yes" to 2j → project is NOT eligible for SB 9. Attach a copy of the covenant.
Question 2h: Were residential units withdrawn from rent or lease under the Ellis Act in the last 15 years?
"Yes" here means your project is NOT eligible for SB 9 — full stop.
Question 2i: Were residential units withdrawn under the Ellis Act in the last 10 years?
Question 2j: Are you proposing to alter or demolish any of the existing units?
🚨 Disqualifying Conditions:
"Yes" to question 2h (Ellis Act withdrawal within 15 years) = your project is not eligible for SB 9.
"Yes" to 2f or 2g, AND "Yes" to 2j (recently rented or covenant-restricted units that you propose to demolish or alter) = also not eligible for SB 9.
These aren't soft screening criteria — they are hard legal bars under California Government Code Section 65852.21.
Questions 2k – 2o: Rent Stabilization Screening
If you answered "Yes" to 2j (proposing to demolish or alter existing units), LA County then runs the rent stabilization screen. These questions determine whether the units are covered by the LA County Rent Stabilization Ordinance.
Question 2k: Were units in a duplex (including owner-occupied), multi-unit development, or accessory dwelling unit with proof of continuous occupancy?
If yes: Were they built in 1995 or later? Units built after 1995 are generally exempt from the RSO.
Question 2l: Was the unit unpermitted?
Question 2m: Were units built in the last 15 years?
Question 2n: Have units been rented since November 20, 2018?
"No" = units have NOT had a tenant since that date. "Yes" = they have.
Question 2o: If condo or SFR: were units owned after January 1, 2020 by an individual, LLC with no corporate member, or family trust?
💡 Reading the Footnotes:
Footnote 3: If you answered "Yes" to 2j, AND "Yes" to any of 2k–2m or 2o, AND "No" to 2n — the project is still eligible for SB 9. Those units are not rent-stabilized.
Footnote 4: If you answered "Yes" to 2k, 2l, or 2m and "No" to 2n, the units are not rent-stabilized — but if they were occupied by lower, very low, or extremely low-income tenants within the last 5 years, replacement is still required.
If you have an unpermitted unit on the property, question 2l is particularly relevant to you. Answering "Yes" there can actually work in your favor for the rent stabilization analysis — unpermitted units are generally outside the RSO — but it doesn't erase the income-replacement question in Section 3.
Section 3 — Income Levels of Households in Rental Units
If replacement requirements do apply to your site, Section 3 is where you document every unit that currently exists — or existed on the site within the last 5 years (10 years if you answered "Yes" to 2d). For each unit, you identify both its income level and its bedroom count.
Income CategoryWhat It MeansReplacement RequirementUnknownTenant income not documentedCounty assumes lower-income by defaultExtremely Low≤30% of Area Median IncomeMust be replaced at same affordability levelVery Low31–50% of AMIMust be replaced at same affordability levelLow(er)51–80% of AMIMust be replaced at same affordability levelModerate81–120% of AMIReplacement typically not required
If some units are unoccupied, you use the income data for the last household in occupancy. For vacated or demolished rental properties, you use the greatest number of units that were occupied by extremely low, very low, or lower-income households — or that were rent-stabilized and rented to moderate or above moderate-income households — during the last five years.
🚨 The Unknown Income Trap: If you can't document what income category a tenant fell into, LA County assumes the worst: under Section 22.119.050.B of the LA County Code, unknown-income units are presumed to have been occupied by extremely low, very low, and/or lower-income households — in proportion to how they exist across all unincorporated county renter households, per HUD's CHAS database. Not knowing can cost you significantly more in replacement obligations than knowing.
Current LA County Affordable Housing Income Limits are published by HUD annually.
Section 4 — Owner / Applicant Certification
The final section is a wet-ink signature under penalty of perjury. By signing, you certify that everything you've provided is true and correct, and you commit to two specific obligations for any occupied units requiring replacement:
1. Relocation benefits — pursuant to the County's Rent Stabilization Ordinance, any tenant in an occupied unit that must be replaced is owed relocation assistance before they can be displaced.
2. Right of first refusal — displaced tenants have the right to return to a comparable replacement unit in the new development at an affordable rent.
These aren't optional. If you're buying a property with existing tenants and planning an SB 9 split, these obligations transfer to you. This is exactly the kind of due diligence item you should be reviewing during escrow — not after close. Our guide on what documents to collect during escrow covers the broader landscape of what to ask for before you commit.
The SB 9 Applicant Acknowledgment Form
Stapled to the back of the certification form in the Lakewood SB 9 memo packet is a separate LA County Regional Planning acknowledgment. This one covers conditions that Regional Planning doesn't verify during its own review — but which can kill your project during other county department reviews:
🏔 Earthquake Fault Zones — Properties within a delineated Alquist-Priolo fault zone don't qualify for SB 9 unless the project complies with applicable seismic protection standards. The County Department of Public Works verifies this during their review — not Regional Planning.
🌊 100-Year Flood Zones — If your property is in a FEMA 100-year flood zone, you need a Letter of Map Revision from FEMA issued to the County, or proof of compliance with minimum flood plain management criteria. Public Works verifies.
🔃 Regulatory Floodways — Properties in a FEMA regulatory floodway need a no-rise certification per Title 44 of the Code of Federal Regulations before they qualify for SB 9.
🚿 Sewer Capacity — If your property uses a private wastewater (septic) system, you must demonstrate it meets all County Public Health requirements. Percolation testing within the last 5 years (or 10 years if recertified) will likely be required. A Grading and Drainage Plan may also be required by Public Works.
⚠️ Critical Note: Regional Planning approval of your SB 9 project does not guarantee approval by other County departments. Regional Planning fees are non-refundable if another department later blocks the project. Know your site's physical constraints before you apply.
What This Means for Lakewood Property Owners
Lakewood is one of the strongest markets in LA County for SB 9 opportunity right now — the older single-family stock, lot sizes, and access to employment corridors make it a natural target. But SB 9 is not a simple process, and this form is one of the most consequential documents in that process.
Before you start an SB 9 application, you need honest answers to: Has this property ever had renters in the last 3–10 years? Has it ever been subject to an Ellis Act withdrawal? Are any units rent-stabilized? Do you know the income level of any former tenants? Are there any geological, flood, or sewer constraints on the parcel?
If you don't know the answers, the county will assume the most protective defaults — and that can mean replacement obligations, or outright disqualification. This is especially true for investors building multi-unit positions in LA County, where a history of rental activity on a site is common.
Lakewood is different from LA City, where ZA Memo 143 layers on additional ADU size flexibility for SB 9 lots. In unincorporated LA County (which governs most of Lakewood), the rules come directly from the state SB 9 statute and the County's own Title 22 implementation. This form is how the county enforces both.
💡 For Sellers Too: If you're thinking about selling your Lakewood home with an ADU or SB 9 potential, disclosure of the site's rental history is a material fact. Buyers with SB 9 ambitions will ask — and a completed Pre-Existing Site Conditions form attached to your listing package is a serious differentiator.
Have questions about your Lakewood property? I specialize in ADU and SB 9 properties across LA and Orange County. If you're trying to figure out whether your site qualifies — or you're buying into a property with existing tenants — let's talk through it before you're committed.
Ready to Start your Investment Journey?
If your looking for a ADU potential Property in the Lakewood area or surrounding Los Angeles County or Orange County area, schedule a free NO-OBLIGATION consult with Dylan Serna through text or call - (714) 860-2868
