Los Angeles cannot impose an owner-occupancy requirement on ADUs permitted between January 2020 and January 2025 under AB 881. JADUs always require owner-occupancy of either the JADU or the primary dwelling, recorded by deed restriction.
Under California Government Code Section 65852.2(a)(6) (as amended by AB 881 and AB 976), Los Angeles is preempted from imposing an owner-occupancy requirement on ADUs permitted between January 1, 2020 and January 1, 2025. AB 976 made this prohibition permanent for ADUs after that date as well. JADUs are different: under Cal. Gov Code 65852.22, the owner must occupy either the primary dwelling or the JADU as a principal residence, and Los Angeles records a deed restriction at building permit issuance. The deed restriction also prohibits separate conveyance of the JADU. LAMC 12.22 A.33 was amended in 2020 to delete prior LA owner-occupancy language for ADUs to conform to state law.
Violating a JADU owner-occupancy deed restriction is a code violation under LAMC 12.26 and a breach of the recorded covenant; the city can refer the matter to the City Attorney for civil enforcement and require restoration to single-family use.
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