Dallas, TX Accessory Structures: ADU Owner Occupancy (2026)

Owner occupancy is a core requirement of the Dallas ADU ordinance under Dallas Development Code § 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 — 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.