San Antonio requires the property owner to occupy either the principal dwelling or the ADU as their permanent residence under UDC § 35-372. A notarized owner-occupancy affidavit must be submitted with the permit application and a covenant must be recorded with the Bexar County Clerk. Renting both units to non-owner tenants is prohibited.
Owner occupancy is a core requirement of the San Antonio ADU ordinance under UDC § 35-372. The property owner must use either the main house or the ADU as their permanent residence, evidenced by voter registration, driver's license address, and/or vehicle registration matching the property. A notarized affidavit attesting to owner occupancy is required at permit submittal, and a deed restriction/covenant must be recorded with the Bexar County Clerk before the certificate of occupancy issues. Both units cannot be rented to non-owners simultaneously. The covenant runs with the land and binds future owners until released by the city. San Antonio has not joined the California-style movement (AB 68/881/671) lifting owner-occupancy mandates — Texas state law does not preempt local owner-occupancy rules. If the owner moves out, the ADU loses its legal status and may face code enforcement. Trustees and LLC-owned properties face additional scrutiny because corporate entities cannot satisfy the personal-occupancy test.
Operating an ADU without satisfying owner occupancy is a code violation. DSD may revoke the certificate of occupancy and refer the matter to Municipal Court. Fines up to $500 per day apply for ongoing violations. Renting both units to non-owners can trigger STR enforcement under UDC § 35-374.01.
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