Tiny home rules in San Jose, CA — covering tiny houses on wheels (THOWs), park model RVs, and tiny home on foundation builds — determine where they are legal and how they get permitted.
San Jose permits tiny homes on foundations as Accessory Dwelling Units under California Government Code §65852.2 and local ADU ordinance. Movable tiny homes on wheels (THOWs) can qualify as ADUs if they meet ANSI 119.5 or HUD standards and are installed with utilities. Homeless tiny-home villages operate under city-sanctioned programs.
California's statewide ADU laws (Gov Code §65852.2) require San Jose to allow Accessory Dwelling Units on most single-family and multi-family lots, and tiny homes qualify so long as they meet building standards. Tiny homes on permanent foundations are treated as detached ADUs and must meet California Residential Code, including minimum ceiling heights, egress windows, heating, and permanent utility connections. Maximum ADU size is 1,200 square feet; minimum is effectively 150 square feet under state efficiency-unit rules. Movable Tiny Houses on wheels (THOWs) may qualify as ADUs if they meet ANSI 119.5 or HUD manufactured-home standards, are at least 150 square feet, hook up to permanent utilities, and are anchored to prevent movement. Recreational vehicles and park-model trailers are not allowed as permanent residences under California law except in licensed RV parks. San Jose operates Emergency Interim Housing Communities (sanctioned tiny-home villages for homeless residents) under separate zoning entitlements. ADU permit fees are reduced in San Jose, plan review is expedited through state-law timelines (60 days typical), and owner-occupancy is not required for new ADUs permitted through 2029. Heritage tree protection and setback rules still apply to tiny-home placement.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact San Jose code enforcement directly for current fines, enforcement procedures, and hearing options.
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Side-by-side rule comparisons with other cities in Santa Clara County.
See how other cities in Santa Clara County handle tiny homes.
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