San Diego does NOT require owner occupancy for ADUs built between January 1, 2020 and December 31, 2024 under California Government Code Β§ 65852.2(a)(6). For ADUs permitted in 2025 and later, AB 976 (extending the moratorium) and AB 1033 (allowing condo conversion) keep most owner-occupancy bans in place. Junior ADUs (JADUs) still require owner occupancy on the property per SDMC Β§ 141.0302(c).
California Government Code Β§ 65852.2(a)(6) prohibited local agencies from imposing owner-occupancy requirements on ADUs permitted between January 1, 2020 and December 31, 2024. AB 976 (2023) made this prohibition permanent for ADUs going forward, meaning San Diego cannot require the owner to live in either the main house or the ADU. Both units may be rented to non-owner tenants. This was a major change from pre-2020 San Diego rules under SDMC Chapter 14 which had required owner occupancy. Junior ADUs (JADUs), which are up to 500 sq ft conversions of space within the principal dwelling, are an exception: SDMC Β§ 141.0302(c) and state law continue to require the owner to occupy either the principal dwelling or the JADU because JADUs share a wall and utility system with the main house. JADU owner-occupancy is enforced through a recorded deed restriction. AB 1033 (2023) further allows ADUs to be sold separately as condos in jurisdictions that opt in; San Diego has not adopted condo conversion as of 2025.
No owner-occupancy enforcement for standard ADUs (state law preempts). JADU owner-occupancy violations can result in revocation of the certificate of occupancy and code enforcement under SDMC Ch. 12. Misrepresenting JADU occupancy is a misdemeanor.
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