Berkeley, CA Accessory Structures: ADU Owner Occupancy (2026)

California state law preempts local owner-occupancy rules for standard ADUs. Government Code 65852.2(a)(8) prohibits Berkeley from imposing an owner-occupancy requirement on any ADU permitted from January 1, 2020 through December 31, 2024. For ADUs permitted on or after January 1, 2025, state law allows local owner-occupancy rules, but Berkeley's BMC 23.304 has NOT adopted such a requirement for standard ADUs - so owner-occupancy remains optional. Junior ADUs (JADUs - up to 500 sq ft inside the primary dwelling) carry a different rule under Government Code 65852.22(a)(2): the owner must occupy either the primary dwelling or the JADU, with a deed restriction recorded against the property prohibiting separate sale and requiring continued owner-occupancy. The deed restriction must be recorded with the Alameda County Recorder before issuance of the Certificate of Occupancy. The JADU deed restriction also prohibits rentals shorter than 30 days. There is no limit on the number of unrelated occupants for an ADU - California Gov. Code 65852.2(a)(6) treats ADU occupants like single-family occupants. Berkeley's rent-control ordinance under BMC Chapter 13.76 applies to rental ADUs in the same way as any other rental unit (see the rental restrictions topic for details).