Omaha requires the property owner to reside in either the principal dwelling or the ADU as their primary residence. The owner-occupancy mandate is part of the 2022 ADU amendments and is enforced through a recorded covenant filed with the Douglas County Register of Deeds before the certificate of occupancy is issued.
Omaha's 2022 ADU ordinance amendments to Chapter 55 of the Municipal Code include an owner-occupancy requirement: the property owner must occupy either the principal dwelling or the ADU as their primary residence. Documentation typically required: (1) a notarized affidavit of owner-occupancy filed with the ADU building permit application; (2) recordation of a deed covenant or restriction with the Douglas County Register of Deeds binding the property to the owner-occupancy requirement before issuance of the certificate of occupancy; (3) the address must be the owner's primary residence for property tax homestead purposes under Neb. Rev. Stat. Β§77-3501 et seq. The owner-occupancy rule means only one of the two units may be rented to a non-owner at any given time β the other must be the owner's primary home. If the owner ceases to occupy either unit (e.g., moves out and rents both units), the ADU loses its legal status under Chapter 55 and the City Code Enforcement Section may pursue abatement. Omaha differs from California, where state law (AB 671, AB 587) has largely eliminated owner-occupancy requirements on ADUs β Nebraska has no comparable preemption.
Failure to maintain owner-occupancy: Code Enforcement notice under Β§55-885 with order to restore compliance or lose ADU legal status. Recording false occupancy affidavit may constitute a Class III misdemeanor under Neb. Rev. Stat. Β§28-915 (false statement). Loss of ADU status may also affect Douglas County homestead exemption eligibility.
Omaha, NE
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