Eugene does not require owner-occupancy for ADU construction or long-term rental. Oregon HB 2001 (2019), codified at ORS 197.312, preempts local owner-occupancy mandates on ADUs in cities over 10,000 population. Oregon HB 3197 (2023) further clarified ADU rental rights. Investor-owned ADUs may be rented to long-term tenants without owner residence.
Eugene Code Chapter 9 contains no owner-occupancy requirement for ADU construction or long-term rental. Oregon HB 2001 (2019), codified at ORS 197.312, expressly preempts local owner-occupancy requirements on ADUs in cities over 2,500 population. Oregon HB 3197 (2023) further reinforced rental rights and clarified that local jurisdictions may not impose owner-occupancy as a condition of constructing or renting an ADU. Property owners may build ADUs and rent both the main house and the ADU to separate tenants on long-term leases (30+ days) without residing on the property. Long-term tenants are protected by Oregon's statewide rent stabilization (originally SB 608 of 2019, with adjustments under SB 611 of 2023) and just-cause eviction protections under ORS 90.427. Short-term rental (under 30 days) is regulated separately and may carry different occupancy expectations.
Cities or HOAs attempting to enforce owner-occupancy on ADUs in violation of ORS 197.312 face state preemption challenges. Eugene does not enforce owner-occupancy for ADUs. Tenant lease violations and Oregon Residential Landlord and Tenant Act (ORS Chapter 90) compliance remain enforceable in standard landlord-tenant proceedings.
Eugene, OR
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Eugene, OR
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Eugene, OR
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Eugene, OR
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Eugene, OR
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Eugene, OR
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See how Eugene's adu owner occupancy rules stack up against other locations.
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