California Government Code Β§65852.2(a)(6) prohibits using ADUs and JADUs as short-term rentals of fewer than 30 days. Santa Ana's SAMC Β§41-194 confirms that ADUs and JADUs cannot be used as vacation rentals but may be rented for 30+ days. A deed restriction is recorded at permit issuance making this restriction binding on future owners.
Under California AB 587 (Gov. Code Β§65852.2(a)(6)), any ADU or JADU permitted on or after January 1, 2020 may not be rented for periods shorter than 30 days. Santa Ana's SAMC Β§41-194 codifies this prohibition, and a covenant is recorded against the property at permit issuance referencing the city's authority and the state statute β the restriction runs with the land. Santa Ana has historically been highly restrictive of short-term rentals citywide; Ordinance NS-2952 and related Chapter 8 / Chapter 41 amendments prohibit unhosted vacation rentals in most residential zones. For ADUs, the state-mandated 30-day minimum operates in parallel and is independently enforceable. Long-term rentals (30+ days) require no special city license but must comply with California Civil Code tenant-landlord rules including security deposit limits (Civ. Code Β§1950.5) and just-cause eviction protections under the Tenant Protection Act of 2019 (Civ. Code Β§1946.2) β Santa Ana additionally has a stricter local Just Cause Eviction and Rent Stabilization Ordinance (SAMC Chapter 8 enacted via Ordinance NS-3007) that applies to many rental units including ADUs. ADUs cannot be sold separately from the primary dwelling because Santa Ana has not opted in to AB 1033 condo-ization.
Renting an ADU for less than 30 days is enforced through Code Enforcement under SAMC Chapter 8 with administrative citations and injunctive relief enforcing the recorded deed restriction. Operating without paying Transient Occupancy Tax can also trigger Finance Department collection actions.
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