ADU Owner Occupancy: Hialeah vs Miami
How do adu owner occupancy rules compare between Hialeah, FL and Miami, FL?
Hialeah and Miami have similar restriction levels.
Hialeah, FL
Miami-Dade County
Hialeah does not impose an owner-occupancy mandate on accessory dwelling units. Florida HB 1031 (2024), codified at FL §163.31771, encourages municipalities to allow ADUs without unduly restrictive conditions. Homestead Exemption (FL Constitution Art. VII §6) applies only to the owner's primary residence — renting both units forfeits the exemption.
View full Hialeah rules →Miami, FL
Miami-Dade County
Miami 21 does not require the property owner to live on-site to operate an ADU. Florida HB 1031 (2024) further restricts local governments from imposing owner-occupancy mandates on accessory dwelling units. Recorded deed restrictions in some HOAs may still impose private occupancy rules.
View full Miami rules →Key Facts Comparison
| Fact | Hialeah | Miami |
|---|---|---|
| City Requirement | None | None |
| State Policy | FL §163.31771 (HB 1031) | - |
| Homestead Risk | Lost if owner moves out | Lost if owner moves out |
| HOA Authority | FL Ch. 720 (private rules) | Private rules permitted |
| Source of Income | Protected (MDC §11A-26) | Protected (MDC §11A-26) |
| State Preemption | - | FL §163.31771 (HB 1031) |
Highlighted rows indicate differences between cities.
Hialeah FAQ
Does Hialeah require ADU owners to live on the property?
No. The Hialeah Code does not impose an owner-occupancy condition, and Florida state policy under HB 1031 (2024) discourages such restrictions. Owners can rent both the main house and the ADU to non-owner tenants.
What about Homestead Exemption?
Florida's Homestead Exemption applies only to the owner's primary residence. If you move out and rent both the main house and the ADU, you lose the exemption and the Save Our Homes 3% assessment cap — meaning higher property taxes.
Miami FAQ
Does Miami require ADU owners to live on the property?
No. Neither Miami 21 nor the City of Miami Code imposes an owner-occupancy requirement, and Florida HB 1031 (2024) constrains municipalities from doing so. Owners can rent both the main house and ADU to non-owner tenants.
What about homestead exemption?
Florida's Homestead Exemption applies only to the owner's primary residence. If the owner moves out and rents both units, the homestead exemption is lost — meaning higher property taxes and loss of the 3% Save Our Homes assessment cap.
Can an HOA require owner occupancy?
Yes. HOA and condo declarations can include private occupancy rules enforceable through the association. They are not preempted by HB 1031, which applies to government zoning rules.
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