Moreno Valley cannot impose an owner-occupancy requirement on Accessory Dwelling Units, under California Gov. Code §65852.2(a)(7) as extended indefinitely by AB 976 (2023). Junior Accessory Dwelling Units (JADUs) still require the owner to live in either the JADU or the primary dwelling, with a recorded deed restriction.
AB 881 (2019) prohibited local owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025; AB 976 (2023) extended that prohibition indefinitely. MVMC §9.08.060 conforms - Moreno Valley cannot require ADU owners to live on the property. Junior Accessory Dwelling Units (JADUs) - 500 sq ft units carved out within an existing single-family dwelling - operate under Gov. Code §65852.22 and continue to require owner occupancy of either the JADU or the primary dwelling, with a recorded deed restriction memorializing the requirement and prohibiting STR use of the JADU. The deed restriction is recorded with the Riverside County Recorder before final inspection. Owner occupancy means the owner of record lives in one of the units as a primary residence.
An owner-occupancy condition imposed on a non-JADU ADU is unenforceable as a matter of state law. For JADUs, breach of the deed restriction (neither owner nor tenant living on-site) is enforceable through the deed restriction's stated remedies and through Code Compliance under MVMC §9.08.060.
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