Fontana 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) still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22 because they share walls and utilities.
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 Fontana 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 for terms of 30 days or more. JADUs are an exception under both state law (Gov. Code §65852.22) and Fontana's implementing regulations — 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); Fontana has not adopted condo conversion as of the date of this article. Owners should confirm current city policy with the Fontana Planning Department 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 under FMC Title 1, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit applications is permit fraud.
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