Guide verification
What we verified in “Buying a duplex or a home with an ADU to live with family”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
21 checked statements Verified on October 17, 2026 15 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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According to HUD Handbook 4000.1, FHA's single family programs are limited to one- to four-unit properties that are the owner's principal residence; a one-unit property with a single accessory dwelling unit (ADU) remains a one-unit property; a two-unit property has two individual dwellings; a three- to four-unit property has three or four dwellings, or two or three dwellings plus an ADU; and for two to four units the lender must obtain form HUD-92561.
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According to HUD Handbook 4000.1, an accessory dwelling unit (ADU) is a single habitable living unit with its own means of entry and exit, smaller than the main home, that can be added to, created within or detached from a one-unit home and together with it forms a single interest in real estate; a one-unit home with one ADU remains one unit, but on a property with two or more units an additional dwelling counts as another unit.
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According to HUD Handbook 4000.1, a principal residence is where you live permanently for most of the year, and you can have only one; on an FHA loan, at least one borrower must move in within 60 days of signing and intend to live there for at least one year; and FHA will not insure a loan if the transaction was designed to use FHA insurance to obtain investment properties.
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According to HUD Handbook 4000.1, on an FHA loan rent from the home you are buying can count as income when it is a one-unit home with an ADU or a two- to four-unit property; for two to four units the lender documents the rent with an appraisal showing fair market rent and any leases; if you have no rental history, it uses 75 percent of the lesser of the appraiser's market rent or the lease rent; ADU rent counted as income cannot exceed 30 percent of your total qualifying income; and the lender may not subtract that rent from your mortgage payment.
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According to HUD Handbook 4000.1, on a three- or four-unit property the principal, interest, taxes and insurance payment divided by the net self-sufficiency rental income may not exceed 100 percent; that net income uses the appraiser's market rent for all units, including yours, minus the greater of the appraiser's vacancy and maintenance estimate or 25 percent of market rent.
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According to HUD Handbook 4000.1, the lender must verify reserves equal to three months of payments (principal, interest, taxes and insurance) after closing on three- to four-unit properties, and two months on a one-unit home with an ADU if rental income is used to qualify.
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According to HUD Handbook 4000.1, when one or more borrowers will not live in the property, the maximum loan is 75 percent of value; it can rise to 96.5 percent if the borrowers are family members, except on a two- to four-unit property or when a family member sells to another who will be a non-occupying co-borrower.
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On form HUD-92561, signed on two- to four-unit FHA properties, the borrower agrees not to rent any part of the home for transient or hotel use while the loan is FHA-insured; HUD defines that use as any rental for less than 30 days, or any rental with hotel services such as room service, maid service or linens.
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According to HUD's FHA mortgage limits page, you can look up FHA limits by state, county or metropolitan area, and limits for multiple-unit properties are fixed multiples of the one-unit limits.
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Under the National Housing Act, the maximum FHA loan amount is figured separately for a 1-family home and for a 2-, 3- or 4-family home, according to the size of the residence.
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According to Fannie Mae's Selling Guide, a principal residence is the property the borrower occupies as their primary residence; with multiple borrowers, only one must occupy and take title to the property; Fannie Mae treats as owner-occupant a child buying to house parents who are unable to work or lack sufficient income to qualify on their own; and the same for parents or guardians buying for a disabled adult child in that situation.
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According to Fannie Mae's Selling Guide, an ADU is an additional living area independent of the main home, with living, sleeping, cooking and bathroom facilities, on the same parcel; only one ADU is allowed per parcel and none with a two- to four-unit dwelling; it must be smaller than the main home; whether a property is one unit with an ADU or two to four units depends on its characteristics, such as separate utility meters, a unique postal address and whether the unit can be legally rented, as determined by the appraiser; an ADU is considered legal if current zoning allows it; and if zoning does not allow it, the property may still be eligible under additional conditions.
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According to Fannie Mae's Selling Guide, rent from the home you buy can be used if it is a two- to four-unit principal residence or a one-unit home with an ADU; on a purchase, the lender multiplies monthly gross rent by 75% and subtracts the full property payment (principal, interest, taxes, insurance and dues); if you have less than 12 months of rental management experience and the result is positive, it can only offset that payment; and for an ADU, only rent from one existing ADU counts, only on purchases or limited cash-out refinances, and up to 30% of your total qualifying income.
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According to Fannie Mae's Selling Guide, rent from the unit the borrower occupies in a two- to four-unit property generally cannot be used to qualify; and lenders may only use positive rental income as qualifying income if the borrower has at least 12 months of property management experience.
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According to Fannie Mae's Selling Guide, loans evaluated with Desktop Underwriter require six months of reserves for a two- to four-unit principal residence purchase.
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According to the CFPB, lenders can charge slightly more for loans to buy a condo, a home with more than one unit (for example, a duplex) or a manufactured home.
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According to IRS Publication 527, in most cases you must include in gross income all amounts you receive as rent; if you rent part of your property, you must divide certain expenses between the rented part and the personal-use part, as if they were two properties, and expenses for the rented part, such as mortgage interest and real estate taxes, are deducted as rental expenses on Schedule E; a fair rental price is generally what someone unrelated to you would pay; and a day a family member lives in the unit counts as personal use, unless they use it as their main home and pay a fair rental price.
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Under the Fair Housing Act, the discrimination ban in section 3604, other than its subsection (c), does not apply to rooms or units in dwellings where no more than four families live independently, if the owner lives in one of them.
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Under the Fair Housing Act, it is illegal to make, print or publish any notice, statement or advertisement about renting a dwelling that indicates a preference, limitation or discrimination based on race, color, religion, sex, disability, familial status or national origin.
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According to the IRS, the VITA and TCE programs offer free basic tax return preparation to qualifying people; available services can vary at each site depending on its certified volunteers; and many sites help taxpayers with limited English.
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HUD-approved housing counselors give independent advice on buying, renting, defaults and credit, often at little or no cost.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. HUD · Single Family Housing Policy Handbook 4000.1 · hud.gov · Accessed October 17, 2026
- 2. HUD · Form HUD-92561, Borrower's Contract with Respect to Hotel and Transient Use of Property · hud.gov · Accessed October 17, 2026
- 3. HUD · FHA Mortgage Limits · entp.hud.gov · Accessed October 17, 2026
- 4. U.S. Congress (text at Cornell LII) · 12 U.S.C. §1709, Insurance of mortgages (National Housing Act §203) · law.cornell.edu · Accessed October 17, 2026
- 5. Fannie Mae · Selling Guide B2-1.1-01, Occupancy Types · selling-guide.fanniemae.com · Accessed October 17, 2026
- 6. Fannie Mae · Selling Guide B2-3-04, Special Property Eligibility Considerations · selling-guide.fanniemae.com · Accessed October 17, 2026
- 7. Fannie Mae · Selling Guide B3-3.8-02, Rental Income from the Subject Property · selling-guide.fanniemae.com · Accessed October 17, 2026
- 8. Fannie Mae · Selling Guide B3-3.8-01, General Rental Income Information · selling-guide.fanniemae.com · Accessed October 17, 2026
- 9. Fannie Mae · Selling Guide B3-4.1-01, Minimum Reserve Requirements · selling-guide.fanniemae.com · Accessed October 17, 2026
- 10. CFPB · Request and review multiple Loan Estimates · consumerfinance.gov · Accessed October 17, 2026
- 11. IRS · Publication 527, Residential Rental Property · irs.gov · Accessed October 17, 2026
- 12. U.S. Congress (text at Cornell LII) · 42 U.S.C. §3603, Effective dates of certain prohibitions (Fair Housing Act) · law.cornell.edu · Accessed October 17, 2026
- 13. U.S. Congress (text at Cornell LII) · 42 U.S.C. §3604, Discrimination in the sale or rental of housing (Fair Housing Act) · law.cornell.edu · Accessed October 17, 2026
- 14. IRS · Free tax return preparation for eligible taxpayers · irs.gov · Accessed October 17, 2026
- 15. CFPB · Find a Housing Counselor · consumerfinance.gov · Accessed October 17, 2026