Tacoma does not require owner-occupancy for ADUs. Washington HB 1337 (codified at RCW 36.70A.696) prohibits all Washington cities from imposing owner-occupancy on ADUs permitted on or after July 23, 2023. TMC 13.06.150 has been updated to remove any owner-occupancy condition. No deed restriction is required.
RCW 36.70A.696, enacted with HB 1337 and effective for ADU permits issued on or after July 23, 2023, expressly prohibits Tacoma and every Washington city or county subject to the Growth Management Act from requiring owner-occupancy as a condition of ADU permitting. Tacoma's prior ADU rules at TMC 13.06.150 were amended through the Home In Tacoma Zoning and Standards update (approved by City Council November 2024, effective February 1, 2025) to fully reflect this prohibition. The property owner may rent the primary dwelling, the AADU, and the DADU to three separate tenants on the same lot, or live in one unit and rent the others, or live off-site entirely. There is no deed restriction, no recorded covenant, and no annual recertification requirement tied to occupancy. Standard landlord-tenant rules under RCW 59.18 (Residential Landlord-Tenant Act) apply to each rented unit. Tacoma's Rental Housing Code at TMC 1.95 imposes citywide just-cause for tenancy termination and a rental business license requirement on any non-owner-occupied rental, including ADUs. Tax and License administers the rental business license; PDS administers ADU permitting.
There is no penalty for non-owner-occupancy of an ADU itself. Failure to obtain a Tacoma rental business license under TMC 6A.30 or to comply with the Rental Housing Code under TMC 1.95 can result in administrative citations. Confirm specific penalty amounts with Tacoma Tax and License at 253-591-5252 and with Planning and Development Services at 253-591-5030.
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See how Tacoma's adu owner occupancy rules stack up against other locations.
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