Las Cruces, NM Accessory Structures: ADU Owner Occupancy (2026)

Section 38-33A(a) of the Las Cruces Land Development Code makes owner-occupancy a standing condition of every accessory dwelling unit approval, not just a one-time requirement checked at permitting. The property owner of record must reside in either the main dwelling or the accessory unit for a minimum of six months of each calendar year, every year the ADU exists. The only carve-out is for a legitimate illness or accident that requires hospitalization or special care and keeps the owner away longer than six months; ordinary absences, such as travel, a second home, or renting out the main house while living elsewhere, do not qualify for the exemption.

Owner-occupancy is enforced together with the rest of Section 38-33A's conditions. Because the ADU can be occupied only by family members under Section 38-33A(c), and the whole use becomes void if a change of ownership brings in an occupant who isn't family per Section 38-33A(k), the six-month residency rule functions as a check against absentee-owner rental schemes: a Las Cruces ADU cannot be built and then have both the main house and the accessory unit leased out to unrelated tenants while the owner lives elsewhere. If the owner stops meeting the residency threshold, the ADU use is subject to being discontinued and the property required to reconvert to a single-family dwelling.