Tucson does not require owner occupancy for ADUs (casitas) under the November 2024 UDC amendments. Arizona HB 2720 prohibits cities over 75,000 from imposing owner-occupancy requirements as a condition of ADU permits or use. HOA CC&Rs may still impose occupancy rules but are subject to ARS 33-1817 limits on unreasonable ADU restrictions.
Tucson historically permitted casitas without a strict owner-occupancy mandate, and the November 21, 2024 UDC amendments aligned the code with HB 2720's prohibition on owner-occupancy requirements. Cities over 75,000 residents cannot condition ADU approval on the owner residing in the primary dwelling or the ADU. Owners may construct an ADU on rental property, sell with the ADU intact, and rent both units to separate tenants. HOAs under ARS Title 33 may impose owner-occupancy via CC&Rs, but ARS 33-1817 limits HOA restrictions that effectively prohibit lawfully created ADUs. Tucson has fewer master-planned HOA communities than the Phoenix metro, so this layer affects fewer properties, but it is significant in subdivisions like Dove Mountain, Civano, and Rancho Vistoso (the latter in Oro Valley).
No city enforcement of owner-occupancy. HOA enforcement of CC&R owner-occupancy provisions continues but is subject to challenge under ARS 33-1817. HOA fines typically range $25-$250 per violation depending on the community's enforcement schedule.
Tucson, AZ
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See how Tucson's adu owner occupancy rules stack up against other locations.
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