Tulare cannot require owner-occupancy for an ADU permitted between January 1, 2020 and January 1, 2025 — TMC § 10.60.030 states 'Owner occupancy shall not be required, and no land use agreement requiring owner occupancy shall be recorded or enforced on properties containing accessory dwelling units.' This mirrors Cal. Gov. Code § 65852.2(a)(7). Junior ADUs (JADUs) under TMC § 10.60.040 do require owner-occupancy of either the primary dwelling or the JADU per Gov. Code § 65852.22(a)(2).
Gov. Code § 65852.2(a)(7), added by AB 587/AB 670/AB 881, expressly prohibits local agencies from imposing owner-occupancy requirements on ADUs permitted between January 1, 2020 and January 1, 2025. The 2025 sunset was extended administratively; AB 976 (2023) made the prohibition permanent for ADUs permitted on or after Jan 1, 2025. Tulare's TMC § 10.60.030 codifies this: no owner-occupancy requirement, and no covenant or land use agreement may be recorded or enforced to that effect. This means an investor can build an ADU on a non-owner-occupied rental property and rent it out as a second long-term tenancy. JADUs (Junior ADUs — bedroom-size conversions inside the primary dwelling, max 500 sq ft, sharing systems) are different: Gov. Code § 65852.22(a)(2) and TMC § 10.60.040 require the owner to occupy either the main house or the JADU. The owner-occupancy covenant for JADUs must be recorded against title.
If Tulare or an HOA attempts to enforce an owner-occupancy covenant on a standard ADU permitted after Jan 1, 2020, the covenant is unenforceable by statute (Civil Code restrictions void as against public policy). For JADUs, breach of the recorded owner-occupancy covenant can be enforced via TMC Ch. 7.28 nuisance proceedings and may trigger revocation of the JADU permit.
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