Lincoln cannot impose an owner-occupancy requirement on ADUs permitted between January 1, 2020 and January 1, 2025 per Cal. Gov. Code §65852.2(a)(6). Owners may rent out both the primary dwelling and the ADU during this window.
California Gov. Code §65852.2(a)(6) prohibits any city — including Lincoln — from imposing owner-occupancy requirements on ADUs permitted between Jan 1, 2020 and Jan 1, 2025. Lincoln Municipal Code Chapter 18.37 conforms to this preemption. After Jan 1, 2025, cities may reinstate owner-occupancy requirements for newly permitted ADUs (not retroactive). Junior ADUs (JADUs) under Gov. Code §65852.22 are treated differently: owner occupancy of either the JADU or primary dwelling IS required because the JADU is carved out of the primary dwelling. The owner cannot rent both the primary house and the JADU to outside parties simultaneously. The owner-occupancy deed restriction for JADUs must be recorded against the property.
For JADUs, breaching the recorded owner-occupancy covenant is a code enforcement matter under LMC §1.20. Filing false statements about owner-occupancy on a JADU permit application may void the permit and trigger penalties under Cal. Penal Code §115 (false instrument). For standard ADUs in the 2020-2025 window, no owner-occupancy enforcement applies.
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