Hawthorne, CA Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Owner-occupancy exempt owners
- Government agency, land trust, housing org
- Applies to
- ADUs and JADUs under § 17.21.070(J)
- JADU deed restriction
- Required before building permit issued
- Restriction removal
- Written request showing JADU eliminated
- Enforcement remedy
- Injunction or abatement of illegal unit
Summary
Hawthorne's accessory dwelling unit ordinance assumes an owner-occupancy condition can apply to ADUs and JADUs, but § 17.21.070(J) waives it outright when the property owner is a government agency, a land trust, or a housing organization rather than an individual homeowner living on site.
§ 17.21.070.J: "Owner Occupancy. Owner-occupancy shall not be required if the owner is a government agency, land trust, or housing organization." § 17.21.080: "Prior to the issuance of a building permit for a JADU, a deed restriction must be recorded against the title of the property in the county recorder's office and a copy filed with the director of planning and community development. The deed restriction shall run with the land and bind all future owners."
Full Breakdown
070 of the Hawthorne Municipal Code, 'Additional ADU and JADU requirements,' lists owner occupancy among the conditions the city can otherwise attach to an accessory dwelling unit or junior accessory dwelling unit. Subsection J states in full: 'Owner Occupancy. ' The exemption is narrow and tied to who holds title, not to how the unit is used: only those three categories of institutional owner qualify, so an individual property owner who wants to rent out both the primary home and the ADU without living in either does not receive the same waiver.
080, which requires a recorded deed restriction before the city will issue a building permit for a junior accessory dwelling unit. That restriction must state that the JADU cannot be sold separately from the primary dwelling and must stay within its approved size and attributes, and it runs with the land, binding every future owner. An owner can only remove the covenant by submitting written evidence to the director of planning and community development that the JADU has actually been eliminated, for example by removing the kitchen facilities, and any building permits needed for that removal work must be approved first.
Violations & Fines
Failing to record the deed restriction required by § 17.21.080 before a JADU building permit is issued, or violating its terms once recorded, is enforceable by the director of planning and community development 'for the benefit of the city' under § 17.21.080(E), which authorizes the city to pursue any legal or equitable remedy, including an injunction against use of the JADU in violation of the recorded restriction or abatement of the illegal unit.
Frequently Asked Questions
Do I have to live in my house if I build an ADU in Hawthorne?
What is the deed restriction requirement for a junior ADU?
How do I remove a JADU deed restriction later?
Sources & Official References
Other rules in Hawthorne
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ADU Owner Occupancy in Nearby Cities
How other cities in Los Angeles County handle adu owner occupancy.