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πŸ—οΈ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: Castro Valley vs Hayward

How do adu owner occupancy rules compare between Castro Valley, CA and Hayward, CA?

Castro Valley, CA

Alameda County

No data available yet for Castro Valley.

Hayward, CA

Alameda County

Some Restrictions

Hayward does not impose an owner-occupancy requirement on detached or attached ADUs under HMC 10-1.2740 and California Government Code 65852.2(a)(6). Owner-occupancy is still required when a JADU is on the property, per Government Code 65852.22(a)(2). The owner must occupy either the main dwelling or the JADU.

View full Hayward rules β†’

Key Facts Comparison

FactCastro ValleyHayward
Stand-Alone ADU-No owner-occupancy required
JADU-Owner-occupancy required (recorded deed)
Authority-Gov. Code 65852.2(a)(6), 65852.22(a)(2)
Deed Restriction-Recorded at permit for JADUs
Enforcement-HMC 1-7 administrative citations

Highlighted rows indicate differences between cities.

Castro Valley FAQ

No FAQs available.

Hayward FAQ

Do I have to live on-site to rent out a Hayward ADU?

No, not for a stand-alone ADU. California Government Code 65852.2(a)(6) and HMC 10-1.2740 prohibit Hayward from requiring owner-occupancy for ADUs permitted through January 1, 2025 and indefinitely thereafter. JADUs are different - the owner must occupy either the main house or the JADU under Gov. Code 65852.22(a)(2).

What is the JADU owner-occupancy deed restriction in Hayward?

Under California Government Code 65852.22(a)(2), every JADU permitted in Hayward triggers a deed restriction recorded with Alameda County. The restriction requires the property owner to live in either the main residence or the JADU, prohibits separate sale, and runs with the land.

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