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Pomona, CA Accessory Structures: ADU Owner Occupancy (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Applies to
JADUs only, not full ADUs
Who must reside
Titleholder, in home or JADU
Exception
Property owned by agency/land trust
Enforcement
Development Services Director
Deed restriction
Recorded with LA County Recorder
Appeal path
Sec. 1170.F Director Determination

Summary

Pomona requires owner-occupancy for junior accessory dwelling units. A natural person holding legal or equitable title must live on the property, in the primary home or the JADU, as a permanent residence, unless a government agency, land trust, or housing organization owns the whole property.

g. Owner-Occupancy

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement of this paragraph does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

Full Breakdown

Under Sec. g of Pomona's Zoning and Development Code, adopted July 1, 2024, all JADUs are subject to an owner-occupancy requirement imposed as required by state law. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or the JADU, as that person's legal domicile and permanent residence. The requirement does not apply if the property is entirely owned by another governmental agency, a land trust, or a housing organization. Note that full-size ADUs (as opposed to JADUs) are not subject to this owner-occupancy rule under Pomona's current code; the requirement is specific to JADUs.

Separately, before a certificate of occupancy issues for any ADU or JADU, Sec. h requires the owner to record a deed restriction with the Los Angeles County Recorder's office and file a copy with the Development Services Director, restricting the unit from being sold separately from the primary dwelling and binding future owners. The deed restriction can only be removed on written request to the Development Services Director with evidence the ADU or JADU has actually been eliminated (for example, removal of kitchen facilities), and the Director's determination is appealable under Sec.

F. A JADU created without a building permit still must satisfy the owner-occupancy standard as part of the general JADU requirements in Sec. 5, which apply regardless of whether the unit was approved under the Type 1 or Type 2 building-permit pathway in Sec. 4.

Violations & Fines

Failure to maintain owner-occupancy or violating the recorded deed restriction is enforceable by the Development Services Director or a designee for the benefit of the City. The City may pursue any legal or equitable remedy, including an injunction against unlawful use of the ADU or JADU or abatement of the illegal unit. Deed restriction removal requires written proof to the Director that the unit was eliminated, and a Director denial can be appealed under Sec. 1170.F.

Frequently Asked Questions

Do I have to live in my Pomona JADU or the main house?
Either works. Sec. 830.A.5.g requires a natural person with legal or equitable title to reside on the property as their legal domicile, either in the primary dwelling or in the JADU itself, not both units rented out simultaneously to others.
Does the owner-occupancy rule apply to a full-size ADU in Pomona?
No. Sec. 830.A.5.g limits the owner-occupancy requirement to JADUs. A standalone or attached ADU that is not a JADU is not subject to this occupancy condition under Pomona's current Zoning and Development Code.
Is there any exception to JADU owner-occupancy in Pomona?
Yes. The requirement does not apply if the property is entirely owned by another governmental agency, a land trust, or a housing organization, per the exception written directly into Sec. 830.A.5.g.
What happens if I stop living on the property with my JADU?
The recorded deed restriction remains enforceable by the Development Services Director, who can pursue legal remedies including an injunction or abatement. Removing the restriction requires written proof to the Director that the JADU was actually eliminated.

Sources & Official References

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