Medford, MA Accessory Structures: ADU Owner Occupancy (2026)

Section 94-8.2.3(2) of the Revised Ordinances conditions every accessory dwelling unit special permit on an affidavit "stating that one of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence." The same subsection bars splitting title: "No accessory dwelling unit shall be held in separate ownership from the principal structure/dwelling unit," so an ADU cannot be sold, subdivided or condominium-converted away from the main house. For a detached ADU that needed a special permit in the first place, Section 94-8.2.3(8) carries the requirement forward: the five-year permit renews only if the property owner files a new affidavit with the building commissioner confirming there has been "no change in circumstances with regard to the accessory dwelling unit" and that "one of the dwelling units on the property continues to be owner occupied." The Community Development Board, acting as the special permit granting authority, reviews the initial application under Section 94-8.2.4 and can deny or condition the permit if the arrangement would prove detrimental to the surrounding residential neighborhood.

Because the affidavit is tied to occupancy rather than legal title alone, a bona fide temporary absence, such as a hospital stay or military deployment, does not itself violate the requirement.