Escondido cannot require owner occupancy on standard ADUs permitted after January 1, 2020 because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), prohibits local owner-occupancy mandates. Junior ADUs (JADUs) under Article 70 still require owner occupancy of either the primary dwelling or the JADU per Gov. Code §65852.22, with a deed restriction recorded against title.
California Government Code §65852.2(a)(6) prohibited local agencies from imposing owner-occupancy requirements on ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made this prohibition permanent for ADUs going forward, so Escondido's Article 70 cannot require the property owner to live on-site for standard ADUs. Both the primary dwelling and the ADU may be rented to non-owner tenants. JADUs are an exception under both state law (Gov. Code §65852.22) and Article 70 — because a JADU shares walls and utilities with the principal dwelling, the owner must occupy either the principal unit or the JADU, and a deed restriction memorializing the requirement is recorded against title at permit issuance. AB 1033 (2023) permits cities to opt in to ADU condo-ization (selling ADUs separately from the principal dwelling); Escondido has not adopted condo conversion as of this writing — only unincorporated San Diego County has opted in within the region. Owners should confirm current city policy with the Planning Division (760-839-4671) before relying on a separate-sale strategy.
Standard ADU owner-occupancy is preempted — no city enforcement. JADU owner-occupancy violations can result in revocation of the Certificate of Occupancy, code enforcement, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit applications is permit fraud.
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