Dallas requires the property owner to occupy either the principal dwelling or the ADU as a permanent residence under Dallas Development Code Β§ 51A-4.217. The owner-occupancy requirement is typically a condition of the Specific Use Permit (SUP) granted for the ADU. A recorded deed restriction is required. Both units cannot be rented to non-owners simultaneously.
Owner occupancy is a core requirement of the Dallas ADU ordinance under Dallas Development Code Β§ 51A-4.217. The property owner must use either the principal dwelling or the ADU as their permanent residence. This is typically imposed as a condition of the Specific Use Permit (SUP) granted by the City Council, and a deed restriction must be recorded with the Dallas County Clerk before the Certificate of Occupancy issues. The recorded restriction runs with the land and binds future owners. Evidence of owner occupancy includes Texas driver's license, voter registration, and homestead exemption tied to the property address. Texas state law has not preempted local owner-occupancy rules (unlike California's AB 976), so Dallas retains full authority. If the owner moves out, the ADU loses its legal status and faces code enforcement. LLC or trust-owned properties face additional scrutiny because corporate entities cannot personally occupy a property β typically the SUP requires the principal member or trustee residing on-site to sign an affidavit. Both units cannot be rented to non-owners simultaneously; this would trigger boarding-house or two-family-dwelling reclassification, which is prohibited in single-family R districts.
Operating an ADU without satisfying owner occupancy is a code violation. The city may revoke the SUP and Certificate of Occupancy and refer the matter to Municipal Court. Fines up to $500 per day apply under Texas Local Government Code Β§ 54.001. Renting both units to non-owners can trigger a stop-use order.
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Side-by-side rule comparisons with other cities in Dallas County.
See how other cities in Dallas County handle adu owner occupancy.
See how Dallas's adu owner occupancy rules stack up against other locations.
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