ADU Owner Occupancy: Anaheim vs Midway City
How do adu owner occupancy rules compare between Anaheim, CA and Midway City, CA?
Anaheim, CA
Orange County
Anaheim cannot require owner occupancy on standard ADUs permitted after January 1, 2020 because California Government Code §65852.2(a)(6), made permanent by AB 976 (2023), prohibits local owner-occupancy mandates. Junior ADUs (JADUs) under AMC 18.38.110 still require owner occupancy of either the primary dwelling or the JADU because they share walls and utilities.
View full Anaheim rules →Midway City, CA
Orange County
No data available yet for Midway City.
Key Facts Comparison
| Fact | Anaheim | Midway City |
|---|---|---|
| Standard ADU | No owner occupancy (state preempts) | - |
| JADU | Owner occupancy required | - |
| State Law | Gov. Code §65852.2(a)(6); AB 976 | - |
| Deed Restriction | Recorded for JADUs | - |
| Condo Conversion | Not adopted (AB 1033) | - |
Highlighted rows indicate differences between cities.
Anaheim FAQ
Does Anaheim require owner occupancy for ADUs?
No, not for standard ADUs. California Gov. Code §65852.2(a)(6) and AB 976 (2023) preempt local owner-occupancy mandates. Both the primary dwelling and the ADU may be rented to non-owner tenants.
What about JADUs?
JADUs still require owner occupancy of either the primary dwelling or the JADU under AMC 18.38.110 and Gov. Code §65852.22. A deed restriction enforcing the requirement is recorded against title at permit issuance.
Midway City FAQ
No FAQs available.
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