ADU Owner Occupancy: Goodyear vs Tempe
How do adu owner occupancy rules compare between Goodyear, AZ and Tempe, AZ?
Goodyear, AZ
Maricopa County
No data available yet for Goodyear.
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 | Goodyear | Tempe |
|---|---|---|
| Status | - | Not required (HB 2720 preempts) |
| 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.
Goodyear FAQ
No FAQs available.
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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