Rialto cannot impose an owner-occupancy requirement on ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 (Cal. Gov. Code §66314(a)(6)). Owner-occupancy is required for Junior ADUs (JADUs) under Cal. Gov. Code §66333 — owner must live in either the main house or the JADU.
Under Gov. Code §66314(a)(6) (formerly §65852.2(a)(6)), 'a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit' issued between Jan. 1, 2020 and Jan. 1, 2025. After Jan. 1, 2025, cities may again impose owner-occupancy on newly permitted ADUs, but ADUs permitted during the 5-year window remain exempt. JADUs (max 500 sq ft, within walls of an existing single-family dwelling) ALWAYS require owner-occupancy under Gov. Code §66333 — the owner must occupy either the primary dwelling or the JADU, and a deed restriction recording this requirement must be filed before final inspection.
Falsely claiming owner-occupancy at JADU permit issuance is grounds for permit revocation and code-enforcement abatement under RMC Title 18. The recorded deed restriction is enforceable by the city against any future owner.
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