Phoenix, AZ Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Trigger
- ADU C of O on/after 9/14/2024
- Requirement
- Notarized owner-occupancy attestation
- Filed with
- Planning and Development Department
- Governing section
- City Code § 10-197.A.11
- Applies to
- Short-term rental permit applicants only
Summary
Phoenix requires a notarized owner-occupancy attestation before renting a short-term rental in an accessory dwelling unit whose certificate of occupancy issued on or after September 14, 2024.
If the application is for operation of a short-term rental on a property which has an accessory dwelling unit (ADU) for which a certificate of occupancy was issued on or after September 14, 2024, a notarized attestation that the property owner will reside on the same property.
12. Any other information as the Planning and Development Department may require to verify information provided by the applicant.
B. A separate application must be filed for each dwelling unit on a single-family property, each dwelling unit in a one- to four-family house, and each individual unit in a multi-family property such as a condominium or cooperative.
C. The Director must either approve or deny the short-term rental application or renewal within seven days of receiving the application. The application is deemed denied if the application is not approved within seven days after the Planning and Development Department receives a complete application. (Ord. No. G-7156, § 1, 2023; Ord. No. G-7323, § 1, 2024; Ord. No. G-7495, § 1, 2026)
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance G-7524, passed June 17, 2026).
Full Breakdown
Under Phoenix City Code § 10-197.A.11, an applicant for a short-term rental permit who wants to rent out an accessory dwelling unit must submit a notarized attestation that the property owner will reside on the same property, but only if the ADU's certificate of occupancy was issued on or after September 14, 2024. The attestation is one item required in the broader short-term rental permit application under § 10-197, filed with the Planning and Development Department alongside proof of liability insurance, transaction privilege tax registration, and safety equipment documentation. ADUs with a certificate of occupancy issued before that date are not subject to this owner-occupancy attestation.
Violations & Fines
Applying for an STR permit for a qualifying ADU without the notarized owner-occupancy attestation results in a denied or incomplete application; renting without a valid permit exposes the owner to civil sanctions up to $3,500 per violation.
Frequently Asked Questions
Does every ADU in Phoenix require an owner-occupancy attestation?
What happens if I skip the attestation?
Sources & Official References
Other rules in Phoenix
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