Riverside does not impose an owner-occupancy requirement on standalone ADUs — this is preempted by California Government Code §66315. However, properties with a Junior ADU (JADU) under RMC §19.442 must have the owner occupy either the primary dwelling or the JADU per Gov. Code §66333.
California's recodified ADU law (Gov. Code §§66310–66342, effective Jan. 1, 2025) permanently prohibits local agencies from requiring owner occupancy on ADUs — eliminating the prior 2025 sunset. Accordingly, RMC Chapter 19.442 imposes no owner-occupancy condition for stand-alone ADUs, and a Riverside homeowner may rent both the primary dwelling and the ADU to separate tenants on long-term (30+ day) leases. Junior ADUs are treated differently: Gov. Code §66333 (and Riverside's implementing language in §19.442.030) requires the property owner to occupy either the main residence or the JADU, and to record a deed restriction memorializing this restriction. The deed restriction also prohibits selling the JADU separately from the primary dwelling.
For JADUs only: failure to maintain owner occupancy or record the required deed restriction is a violation of RMC §19.442.030 and Gov. Code §66333. Enforcement is via administrative citation under RMC §1.17 (up to $1,000/day under Gov. Code §36900(c)) and revocation of the JADU permit. For standalone ADUs, owner-occupancy cannot be enforced.
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