Surprise, AZ Accessory Structures: ADU Owner Occupancy (2026)

Arizona Revised Statutes § 9-461.18 preempts municipal owner-occupancy mandates for ADUs in cities over 75,000 population. The statute states that municipalities cannot prohibit the use or advertisement of either the single-family dwelling or any accessory dwelling unit located on the same lot or parcel as separately leased long-term rental housing, and cannot require any familial, marital, employment, or other preexisting relationship between the owner or occupant of the single-family dwelling and the occupant of the ADU. Long-term rental is defined as a lease of 90 days or longer, including month-to-month tenancies. The only owner-occupancy authority retained by cities applies to ADUs constructed on or after September 14, 2024, that are used as short-term or vacation rentals — under that narrow scenario Surprise may impose an owner-occupancy condition. ADUs that had vested permit rights before that date are exempt from any new owner-occupancy condition. Surprise Zoning Section 106-10.2 implements the state framework. Properties in HOAs such as Sun City Grand (The Grand), Sun Village, and Marley Park may impose stricter owner-occupancy and rental rules under private CC&Rs, which state law does not override.