Internal Accessory Dwelling Units — Restrictive Covenants Prohibited

TITLE 55 PROPERTY IN GENERAL CHAPTER 6 TRANSFER OF REAL PROPERTY 55-618. internal accessory dwelling units — restrictive covenants prohibited. (1) On and after July 1, 2023, no restrictive covenant may be entered into that prohibits an internal accessory dwelling unit, as defined in section 55-3212 , Idaho Code. Any such covenant is hereby declared to be against public policy and is void and unenforceable. Any person attempting to create or enforce such a covenant shall be liable for any attorney’s fees, court costs, and any other damages incurred by the other party. The provisions of this section shall not be construed to protect more than one (1) internal accessory dwelling unit per homestead. (2)  This section does not apply to a restrictive covenant against internal accessory dwelling units entered into prior to July 1, 2023.