South Gate cannot require owner-occupancy for ADUs permitted between Jan 1, 2020 and Dec 31, 2024, per Gov. Code §65852.2(a)(7). For ADUs permitted on/after Jan 1, 2025, cities may again require owner-occupancy. JADUs always require owner-occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22(a)(2).
AB 671 (2019) and follow-up legislation suspended owner-occupancy requirements for new ADUs from Jan 1, 2020 through Dec 31, 2024 — meaning South Gate could not require the owner to live on-site during that window. As of Jan 1, 2025, Gov. Code §65852.2(a)(7) permits cities to reinstate owner-occupancy requirements for newly permitted ADUs (ADUs permitted in the 2020-2024 window are grandfathered against retroactive requirements). For JADUs — which are within the primary single-family dwelling, max 500 sq ft — state law (Gov. Code §65852.22(a)(2)) ALWAYS requires owner-occupancy of either the main house or the JADU, except where the owner is a governmental agency, land trust, or housing organization. A deed restriction must be recorded against the property for any JADU (Gov. Code §65852.22(a)(5)).
Where owner-occupancy is required (JADUs always; post-2025 ADUs if South Gate adopts the requirement), failure to maintain owner-occupancy is a zoning violation subject to enforcement under SGMC Title 1. Owners typically sign a deed restriction recorded with the LA County Recorder.
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