Under California AB 587 (codified at Gov. Code §65852.2(a)(6)), Fresno cannot impose owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. After January 1, 2025, AB 976 (2023) made the owner-occupancy prohibition permanent, so Fresno may not require owner-occupancy on any ADU. Junior ADUs (JADUs) still require owner-occupancy of either the primary unit or the JADU under Gov. Code §65852.22.
Fresno's FMC 15-2754 follows state law. AB 587 (2019) suspended owner-occupancy requirements on ADUs for a five-year window, and AB 976 (effective January 1, 2024) removed the sunset and made the prohibition permanent — meaning Fresno may not require the property owner to live on-site for any ADU built or permitted after January 1, 2020. JADUs are a separate category under Gov. Code §65852.22: capped at 500 sf, located within an existing single-family dwelling, and they still require owner-occupancy of either the primary dwelling or the JADU itself. A deed restriction recorded against the property memorializes the JADU owner-occupancy requirement. ADUs permitted before January 1, 2020 may have a recorded owner-occupancy deed restriction that remains enforceable until removed. The city does not require annual affidavits or proof of occupancy for ADUs.
Attempting to enforce owner-occupancy on a post-2020 ADU is a violation of state law and unenforceable. JADU owner-occupancy violations are addressed through Code Enforcement under FMC Chapter 10 and may result in citations and removal of the JADU's separate kitchen.
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See how Fresno's adu owner occupancy rules stack up against other locations.
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