ADU Owner Occupancy: Fontana vs Rialto
How do adu owner occupancy rules compare between Fontana, CA and Rialto, CA?
Fontana and Rialto have similar restriction levels.
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 →Rialto, CA
San Bernardino County
Rialto cannot impose an owner-occupancy requirement on ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 (Cal. Gov. Code §66314(a)(6)). Owner-occupancy is required for Junior ADUs (JADUs) under Cal. Gov. Code §66333 — owner must live in either the main house or the JADU.
View full Rialto rules →Key Facts Comparison
| Fact | Fontana | Rialto |
|---|---|---|
| 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) | - |
| ADU owner-occupancy | - | Cannot be required for permits issued Jan 2020-Jan 2025 (Cal. Gov. Code §66314(a)(6)) |
| JADU owner-occupancy | - | Required — owner must live in main house or JADU (Cal. Gov. Code §66333(a)) |
| Deed restriction | - | Required for JADUs only — filed before final inspection |
| After Jan. 1, 2025 | - | Cities may impose owner-occupancy on new ADU permits |
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.
Rialto FAQ
Do I have to live in the main house to rent out my ADU?
Not for ADUs permitted between Jan. 1, 2020 and Jan. 1, 2025 — state law (§66314(a)(6)) prohibits Rialto from requiring it. For JADUs, owner-occupancy of the main house or JADU is always required under §66333.
Can I build a JADU as an investment property?
No. Cal. Gov. Code §66333 requires the property owner to live in either the JADU or the primary dwelling, and a deed restriction is recorded to enforce this.
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