ADU Owner Occupancy: Gilbert vs Tempe
How do adu owner occupancy rules compare between Gilbert, AZ and Tempe, AZ?
Gilbert and Tempe have similar restriction levels.
Gilbert, AZ
Maricopa County
Gilbert previously required owner-occupancy as a condition of casita approval, but Arizona HB 2720 (ARS 9-461.18) preempts owner-occupancy requirements in cities over 75,000 population. Gilbert may no longer condition ADU permits on the owner residing on-site. HOA CC&Rs may still impose restrictions, subject to limits under ARS 33-1817.
View full Gilbert rules →Tempe, AZ
Maricopa County
Tempe does not require owner occupancy for ADUs. Arizona HB 2720 (ARS 9-461.18) prohibits cities over 75,000 population from conditioning ADU permits or use on owner occupancy. Both the primary residence and the ADU may be rented to separate tenants. HOA CC&Rs in Tempe's smaller HOA communities (The Lakes, Warner Ranch, Circle G Ranches) may still impose occupancy restrictions subject to ARS 33-1817.
View full Tempe rules →Key Facts Comparison
| Fact | Gilbert | Tempe |
|---|---|---|
| Status | Preempted by HB 2720 | Not required (HB 2720 preempts) |
| Effective Date | January 1, 2025 | - |
| HOA CC&Rs | Limited by ARS §33-1817 | - |
| Rentable | Both units now | - |
| State Statute | - | ARS 9-461.18 |
| Both Units Rentable | - | Yes |
| HOA Layer | - | Light but present (The Lakes, Warner Ranch) |
| HOA Statute | - | ARS 33-1817 |
Highlighted rows indicate differences between cities.
Gilbert FAQ
Does Gilbert require owner-occupancy for a casita?
No, not since January 1, 2025. ARS 9-461.18 preempts owner-occupancy requirements in cities over 75,000 population. Gilbert removed the requirement from its Land Development Code.
Can my Gilbert HOA require me to live on-site to have an ADU?
Possibly through CC&Rs, but HOA authority is limited by ARS 33-1817 which prohibits unreasonable HOA restrictions on lawfully created ADUs. Review your CC&Rs and consult an attorney before relying on the statute.
Tempe FAQ
Does Tempe require owner-occupancy for ADUs?
No. Under Arizona HB 2720 (ARS 9-461.18), Tempe is preempted from requiring the property owner to live on-site as a condition of ADU permits or use. Both the main house and the ADU may be rented to separate tenants.
Can my Tempe HOA require me to live on-site to have an ADU?
Possibly, depending on your CC&Rs. ARS 33-1817 limits HOA provisions that effectively prohibit lawfully created ADUs, but reasonable architectural review and use restrictions may apply. Review your specific CC&Rs and consult an attorney before relying on or contesting an HOA owner-occupancy provision.
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