Hialeah, FL Accessory Structures: ADU Owner Occupancy (2026)

The Hialeah Code of Ordinances does not contain an owner-occupancy requirement for accessory dwelling units. Florida HB 1031 (2024), codified at FL Statute §163.31771, encourages local governments to allow ADUs in single-family zones and to avoid overly restrictive conditions; while not an absolute preemption of all local ADU regulation, the statute reflects state policy disfavoring owner-occupancy mandates. Practically, this means an owner who rents both the primary dwelling and the ADU faces no Hialeah zoning-based occupancy condition. Florida Homestead Exemption rules — FL Constitution Article VII §6 and FL Statute §196.031 — limit the homestead exemption and the Save Our Homes 3% assessment cap to the owner's actual primary residence. If the owner moves out and rents both units, the homestead exemption is lost, property taxes increase, and the Save Our Homes cap resets. HOAs and condominium associations may impose private occupancy rules through declarations and bylaws under FL Chapter 718 (condos) and FL Chapter 720 (HOAs); those private restrictions are enforceable through the association independent of city law. Source-of-income protections under Miami-Dade County Code §11A-26 prohibit landlords from refusing Section 8 / Housing Choice Voucher tenants.