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

14(f), the city requires a deed restriction, not a mere condition of approval, before it will sign off on a Junior Accessory Dwelling Unit. Before final inspection of the building permit, the applicant must record the restriction against title in the Los Angeles County Recorder's office and file a copy with the Community Development Department, using a form the City provides. That recorded restriction must state that the JADU cannot be sold separately from the primary dwelling (except as allowed under Government Code Section 66341), that it is capped at 500 square feet, and, critically, that a natural person holding legal or equitable title must occupy one of the units on the property as their legal domicile and permanent residence.

The owner-occupancy condition drops away only if the owner is a government agency, land trust, or housing organization. This obligation runs with the land, meaning it binds every future owner of the parcel, not just the person who built the JADU. Enforcement sits with the Community Development Director, who can pursue any remedy at law or equity for noncompliance, including an injunction against illegal use of the JADU or an order to abate it entirely. Notably, this owner-occupancy mandate applies only to JADUs; the city's ADU rules for standard accessory dwelling units contain no comparable residency condition, reflecting the state law distinction between the two unit types.

An owner who wants to remove the restriction later must show the Community Development Director that the JADU has actually been eliminated, for example by taking out the kitchen facilities, and may appeal a denial under the Code's normal appeal provisions.