Riverside cannot impose owner-occupancy requirements on standard ADUs permitted after January 1, 2020 because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), preempts local owner-occupancy mandates. JADUs under RMC 19.442 still require owner occupancy of the primary dwelling or the JADU, with a deed restriction recorded against title.
California Government Code §65852.2(a)(6) initially barred local owner-occupancy requirements on ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (Ting, 2023) made the prohibition permanent, so RMC Chapter 19.442 cannot require the property owner to live on-site for standard ADUs. Both the primary dwelling and the ADU may be leased to non-owner tenants for long-term occupancy. Junior ADUs (JADUs) are the exception under both state law (Gov. Code §65852.22) and RMC 19.442 — because a JADU shares walls, kitchen, or utility systems with the principal dwelling, the property owner must occupy either the primary unit or the JADU, and Riverside requires a deed restriction memorializing the requirement at permit issuance. AB 587 (Friedman, 2019), which previously allowed certain qualified nonprofits to sell ADUs separately under specific affordability covenants, has narrow application and is not a general path to ADU sale. AB 1033 (2023) condo-ization has not been adopted by the Riverside City Council; separate-sale strategies are not currently available within city limits.
Standard ADU owner-occupancy is preempted — no city enforcement. JADU owner-occupancy violations can result in Certificate of Occupancy revocation, code enforcement under RMC Title 1, and breach of the recorded deed restriction. Misrepresenting JADU occupancy on permit forms is permit fraud.
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