San Francisco does NOT require owner occupancy for ADUs, consistent with California Government Code 65852.2(a)(8) which prohibits cities from imposing an owner-occupancy requirement on ADUs permitted between January 1, 2020 and January 1, 2025, and was made permanent for most ADUs by AB 976 (2023). The owner can rent out both the primary unit and the ADU.
California AB 881 (2019) and AB 976 (2023) prohibit local jurisdictions from enforcing owner-occupancy on ADUs. San Francisco implements this in Planning Code 207(c)(4) and 207(c)(6) — neither program requires the owner to live on-site. There is no required deed restriction tying owner residence to ADU operation. For Junior ADUs (JADUs) under Planning Code 207(c)(5), state law (Gov't Code 65852.22(a)(2)) still allows local owner-occupancy requirements; San Francisco does impose owner-occupancy on JADUs because they share access with the primary unit. Properties subject to the Rent Ordinance (Admin Code Chapter 37) gain a tenancy in the ADU once first rented; the owner is the landlord regardless of whether they live on the property.
There is no penalty for non-owner-occupancy of an ADU itself. However, if the owner removes a long-term tenant from the primary unit to live there and then rents the ADU separately, the change must comply with Rent Ordinance owner-move-in provisions (Admin Code 37.9(a)(8)) — non-compliance is a Rent Board violation subject to wrongful-eviction damages and three-year buyout prohibitions.
San Francisco, CA
San Francisco regulates noise under Police Code Article 29 (Sections 2900-2920), administered by the Department of Public Health and enforced by SFPD. Quiet ...
San Francisco, CA
Fence height in San Francisco is regulated by Planning Code Section 136 (Permitted Obstructions in Required Setbacks, Yards, and Usable Open Space), administ...
San Francisco, CA
San Francisco's Planning Code permits residential lawn ornaments, statuary, and religious or political displays without permit so long as no structure exceed...
San Francisco, CA
San Francisco does not regulate residential inflatable holiday decorations by size or type. Standard Police Code Article 29 noise rules apply to motor blower...
San Francisco, CA
San Francisco has no ordinance restricting when residents may put up or take down holiday lights. Standard rules from Police Code Article 29 (noise) and Plan...
San Francisco, CA
Built-in outdoor kitchens in San Francisco require building permits whenever the project includes new electrical, plumbing, gas piping, or a fixed structure ...
See how San Francisco's adu owner occupancy rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.