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🏗️ Accessory Structures/ADU Owner Occupancy

ADU Owner Occupancy: El Monte vs Long Beach

How do adu owner occupancy rules compare between El Monte, CA and Long Beach, CA?

El Monte and Long Beach have similar restriction levels.

El Monte, CA

Los Angeles County

Few Restrictions

El Monte does not impose owner-occupancy on detached/attached ADUs permitted between Jan 1, 2020 and Jan 1, 2025 (Cal. Gov. Code §65852.2(a)(6) sunset). JADUs always require owner-occupancy of the property under §65852.22(a)(2).

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Long Beach, CA

Los Angeles County

Few Restrictions

Long Beach cannot impose an owner-occupancy requirement on ADUs under California Government Code Section 65852.2(a)(6), as amended by AB 881 and AB 976. JADUs always require owner-occupancy of the JADU or the primary dwelling, recorded by deed restriction.

View full Long Beach rules →

Key Facts Comparison

FactEl MonteLong Beach
ADU owner-occupancyNot required-
JADU owner-occupancyRequired-
Deed restriction (JADU)Required, recorded with LA County-
ExceptionGovernmental agency, land trust, housing org-
ADU Owner-Occupancy-Not required
JADU Owner-Occupancy-Required by deed
State Law-AB 881, AB 976
Code Section-Cal. Gov Code 65852.2(a)(6)
JADU Code-Cal. Gov Code 65852.22

Highlighted rows indicate differences between cities.

El Monte FAQ

Do I have to live on the property if I build an ADU in El Monte?

No. Owner-occupancy is not required for ADUs permitted in El Monte under current Cal. Gov. Code §65852.2(a)(6), as extended by AB 976 (2023).

What about a JADU?

Yes. JADUs require the owner to reside on the property in either the primary dwelling or the JADU, and the owner must record a deed restriction memorializing the requirement (Cal. Gov. Code §65852.22(a)(2),(a)(5)).

Long Beach FAQ

Do I have to live on-site to rent my Long Beach ADU?

No. Cal. Gov Code 65852.2(a)(6), as amended by AB 881 and AB 976, prohibits Long Beach from requiring owner-occupancy of ADUs.

Does a Long Beach JADU require owner-occupancy?

Yes. Under Cal. Gov Code 65852.22, the owner must occupy either the JADU or the primary dwelling as a principal residence, recorded as a deed restriction at permit issuance.

Can I sell my Long Beach ADU separately from my house?

Generally no, except under the AB 1033 condo-conversion pathway, which Long Beach must opt into by ordinance. JADUs cannot be sold separately under any circumstance.

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