Everett does not require owner-occupancy on properties with an accessory dwelling unit. Ordinance 3963-23 removed the prior owner-occupancy mandate from EMC Title 19, and Washington HB 1337 (RCW 36.70A.683) prohibits Growth Management Act cities from imposing owner-occupancy on ADUs. Owners may rent both the primary dwelling and the ADU to separate tenants.
Prior to Ordinance 3963-23, Everett's zoning code required the property owner to reside in either the main residence or the ADU. That requirement was removed to comply with Washington HB 1337. RCW 36.70A.683 now prohibits any GMA city or county from requiring the owner of a lot with an ADU to live in either the primary unit or the ADU. This means an Everett homeowner may build an ADU and rent both the primary residence and the ADU to separate tenants, or move out entirely and lease both units. The change is intended to remove a financing barrier that title insurers and lenders historically flagged, increase rental supply, and treat ADUs as ordinary rental property. Private covenants in homeowner association or condominium declarations may still impose owner-occupancy as a private matter, enforced through civil action in Snohomish County Superior Court, not by city code enforcement. Short-term rental rules (see adu-rental-restrictions) operate independently of the owner-occupancy question.
There is no owner-occupancy violation under Everett code as of Ordinance 3963-23. Private HOA enforcement is a civil matter, not a city enforcement issue. If a city official claims an owner-occupancy violation, the property owner can point to the amended EMC Title 19 and RCW 36.70A.683, which preempts any such requirement.
Everett, WA
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See how Everett's adu owner occupancy rules stack up against other locations.
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