ADU Owner Occupancy: El Monte vs Los Angeles
How do adu owner occupancy rules compare between El Monte, CA and Los Angeles, CA?
El Monte and Los Angeles have similar restriction levels.
El Monte, CA
Los Angeles County
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).
View full El Monte rules →Los Angeles, CA
Los Angeles County
Los Angeles cannot impose an owner-occupancy requirement on ADUs permitted between January 2020 and January 2025 under AB 881. JADUs always require owner-occupancy of either the JADU or the primary dwelling, recorded by deed restriction.
View full Los Angeles rules →Key Facts Comparison
| Fact | El Monte | Los Angeles |
|---|---|---|
| ADU owner-occupancy | Not required | - |
| JADU owner-occupancy | Required | - |
| Deed restriction (JADU) | Required, recorded with LA County | - |
| Exception | Governmental 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)).
Los Angeles FAQ
Do I have to live on-site to rent my Los Angeles ADU?
No. Cal. Gov Code 65852.2(a)(6), as amended by AB 881 and AB 976, prohibits LA from requiring owner-occupancy of ADUs. The owner may live off-site.
Does a Los Angeles 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.
Can I sell my Los Angeles ADU separately from my house?
Generally no, except under the AB 1033 condo-conversion pathway for qualified affordable ADUs. JADUs cannot be sold separately under any circumstance.
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