Phoenix had a long-standing owner-occupancy requirement for casitas under PZC Section 608, but Arizona HB 2928 (2025) preempts this restriction for cities over 75,000 population. Phoenix cannot now require owner-occupancy as a condition of ADU permits or use.
Before 2025, Phoenix required the property owner to reside in the primary dwelling or the ADU as a condition of casita approval under PZC Section 608. This restriction was widely cited as discouraging ADU construction. Arizona House Bill 2928, signed in 2024 and effective 2025, expressly preempts owner-occupancy requirements in cities with populations over 75,000. Phoenix has updated its ADU procedures to remove the requirement. Owners may now construct ADUs on rental property, sell with the ADU intact, and rent both units to separate tenants. HOAs under ARS Title 33 may still impose owner-occupancy through CC&Rs, subject to ARS 33-1817 limits on unreasonable ADU restrictions.
No city enforcement of owner-occupancy after 2025. HOA enforcement of owner-occupancy CC&Rs may continue but is subject to challenge under ARS 33-1817. HOA fines for CC&R violations vary by community but typically range $25-$250 per violation.
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Side-by-side rule comparisons with other cities in Maricopa County.
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