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Upper Darby, PA Accessory Structures: ADU Rental Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Occupancy rule
Related by blood, adoption or marriage only
Governing section
§ 550-17B(2)
Occupant cap
2 people maximum
Approval type
Zoning Hearing Board special exception
Max penalty
$500 per violation

Summary

Upper Darby bars renting an accessory dwelling unit on the open market: § 550-17B(2) limits occupancy to people related to the principal dwelling's occupants by blood, adoption or marriage. An unrelated tenant occupying an ADU is a zoning violation, not just a lease dispute.

(2) The occupancy of the accessory dwelling unit shall be limited to persons who are related by blood, adoption or marriage to the occupants of the principal dwelling unit.

Full Breakdown

" That single sentence forecloses the short-term or long-term rental model that makes ADUs attractive as income property in many jurisdictions; in Upper Darby, an ADU approved under § 550-17B may only house family, such as an adult child, an aging parent, or in-laws living alongside the homeowner. The restriction sits alongside the unit's other conditions, including the two-person occupancy cap in § 550-17B(5) and the requirement that the ADU share the principal dwelling's utilities in § 550-17B(4), reinforcing that the use is meant to accommodate extended family rather than function as a separate rental unit.

Because accessory dwellings are approved as special exceptions by the Zoning Hearing Board under Article XII, a change from family occupancy to an unrelated tenant would violate the terms of that approval, not merely a private lease term, exposing the property owner to the Township's zoning enforcement process under § 550-53.

Violations & Fines

Renting an accessory dwelling unit to someone not related by blood, adoption or marriage to the principal household violates the terms of the § 550-17B special exception and is enforced under § 550-53G: a civil judgment of up to $500 per violation plus court costs and the Township's attorney's fees before a Magisterial District Judge, with each day of continued unlawful occupancy potentially a separate violation after the fifth day.

Frequently Asked Questions

Can I rent out my Upper Darby accessory dwelling unit to a tenant?
No. Section 550-17B(2) restricts occupancy of an accessory dwelling unit to people related to the principal dwelling's occupants by blood, adoption or marriage, so renting it on the open market is not permitted under the zoning special exception.
Who can legally live in an Upper Darby ADU?
Only relatives of the household in the main house: family connected by blood, adoption or marriage, per § 550-17B(2). Up to two people may occupy the unit under § 550-17B(5).
What happens if I rent my ADU to someone unrelated to my family?
You would be violating the conditions of the Zoning Hearing Board's special exception approval under § 550-17B, which the Township can enforce under § 550-53G with a civil judgment of up to $500 per violation plus costs and attorney's fees.

Sources & Official References

Other rules in Upper Darby

All Upper Darby rules

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