ADU Owner Occupancy: Fontana vs Ontario
How do adu owner occupancy rules compare between Fontana, CA and Ontario, CA?
Fontana, CA
San Bernardino County
Fontana 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) still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22 because they share walls and utilities.
View full Fontana rules →Ontario, CA
San Bernardino County
No data available yet for Ontario.
Key Facts Comparison
| Fact | Fontana | Ontario |
|---|---|---|
| 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.
Fontana FAQ
Does Fontana 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 for 30+ day terms.
What about JADUs?
JADUs still require owner occupancy of either the primary dwelling or the JADU under Gov. Code §65852.22. A deed restriction enforcing the requirement is recorded against title at permit issuance and runs with the land.
Ontario FAQ
No FAQs available.
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