Pasadena cannot require owner occupancy on standard ADUs permitted after January 1, 2020 because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), preempts local owner-occupancy mandates. Junior ADUs (JADUs) under PMC §17.50.275 still require owner occupancy of either the primary dwelling or the JADU because they share walls and utilities, memorialized by deed restriction. AB 1033 condo conversion has not been adopted by Pasadena as of the date of this article.
California Government Code §65852.2(a)(6) prohibited local agencies from imposing owner-occupancy requirements on standard ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made that prohibition permanent, so PMC §17.50.275 cannot require the property owner to live on-site for standard ADUs going forward. Both the principal dwelling and the ADU may be rented to non-owner tenants for terms of 30 days or more. JADUs remain an explicit exception under Cal. Gov. Code §65852.22 and PMC §17.50.275 — because a JADU is built within the walls of the primary dwelling or attached garage and shares utilities, the owner must occupy either the principal unit or the JADU. Pasadena records a deed restriction at permit issuance memorializing the JADU owner-occupancy requirement and the prohibition on separate sale of the JADU from the principal dwelling. AB 1033 (Ting, 2023) authorizes cities to opt in to ADU condo conversion (allowing the ADU to be sold separately from the primary dwelling). Pasadena has not adopted AB 1033 as of the date of this article — owners should confirm current city policy with Planning and Community Development before relying on a separate-sale strategy. Separate addresses and separate utility metering for ADUs are generally optional under PMC §17.50.275 and Gov. Code §65852.2.
Standard ADU owner-occupancy is preempted by state law — Pasadena cannot enforce it. JADU owner-occupancy violations can result in Certificate of Occupancy revocation, code enforcement under PMC Title 1, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit applications is permit fraud and can void the permit.
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