Under Washington HB 1337 (RCW 36.70A.696) and SMC 17C.300.110, Spokane does NOT require owner-occupancy for standard ADUs. A narrow exception applies when both an ADU and a short-term rental exist on the same lot - in that case one unit must be owner-occupied six months per year, effective July 11, 2025.
Washington state law - RCW 36.70A.696, enacted as part of HB 1337 in 2023 - prohibits any Washington city from requiring owner-occupancy as a condition of permitting an ADU. SMC 17C.300 implements this preemption. There is no deed restriction requiring owner-occupancy and no covenant against renting both units. Spokane's narrow exception, codified in SMC 17C.300.110 effective July 11, 2025, applies only when a property contains both an ADU and a short-term rental (under SMC 17C.316): in that combined-use scenario, one of the dwelling units on the lot must be occupied by an owner for more than six months of each calendar year. Owners facing complaints about combined ADU+STR use may either request a waiver (up to one year for qualifying circumstances like job relocation or illness), re-occupy the property, or remove the ADU or STR use. Long-term rentals (30+ days) of both the primary dwelling and ADU to different tenants are permitted without restriction. Washington's landlord-tenant statute (RCW 59.18) and Spokane Tenant Rights protections (SMC Chapter 10.27 Just Cause for Eviction) apply once any unit is rented.
There is no penalty for non-owner-occupancy of a standard ADU. Violating the combined ADU+STR owner-occupancy requirement effective July 11, 2025 triggers SMC 17C.300.110 enforcement: code enforcement may require the owner to re-occupy, remove the ADU, or cease STR operation. Failure to comply may result in revocation of the STR permit under SMC 17C.316.040 and civil penalties under SMC 1.05.
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