Standard ADUs permitted between January 1, 2020 and January 1, 2025 carry no owner-occupancy requirement under California Government Code Section 65852.2(a)(6) and SJMC 20.30.150. AB 976 (2023) made that prohibition on owner-occupancy mandates permanent. Owners may rent both the main house and the ADU to separate long-term tenants. Junior ADUs (JADUs) up to 500 sq ft within the primary dwelling still require the owner to live on-site in either the JADU or the main house.
California law shifted twice on owner occupancy. AB 881 (2019) suspended owner-occupancy requirements through January 1, 2025; AB 976 (2023) extended the prohibition indefinitely. San Jose's ordinance mirrors state law: SJMC 20.30.150 does not impose any owner-occupancy condition on standard ADUs and the city cannot lawfully add one. The result is that a non-resident investor can build or buy a property with an ADU and rent both units. The carve-out is for Junior ADUs - small (up to 500 sq ft) interior conversions that share systems with the main house. Per Gov. Code 65852.22 and SJMC 20.30.150, JADUs do require owner occupancy of either the JADU or the main dwelling, recorded against the deed. The same property cannot have both a JADU and a separate ADU without complying with both rule sets.
There are no city-imposed owner-occupancy violations for standard ADUs. For JADUs, owner occupancy is enforced through a recorded deed restriction. Renting both the JADU and the main house simultaneously, or selling the JADU separately from the main dwelling, breaches the deed restriction and exposes the owner to civil enforcement by the city.
San Jose, CA
San Jose Municipal Code Title 7 (Animal Care and Control) requires dogs in public places, city parks, and trails to be on a leash no longer than six feet, re...
San Jose, CA
San Jose imposes no general restriction on year-round lawn ornaments, statuary, or religious displays on private residential property. The sign code (SJMC Ch...
San Jose, CA
San Jose has no city ordinance specifically regulating residential inflatable holiday displays. Size, height, and motor noise are not restricted by the munic...
San Jose, CA
San Jose has no ordinance limiting the duration, brightness, or hours of residential holiday lighting. The general nuisance provisions in SJMC Title 6 and th...
San Jose, CA
A built-in outdoor kitchen in San Jose typically requires multiple permits: a building permit for any structural roof or counter exceeding the patio cover ex...
San Jose, CA
San Jose does not have a dedicated ordinance for backyard smokers, pellet grills, or wood-fired ovens. Use is governed by the multifamily balcony restriction...
See how San Jose'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.