ADU Owner Occupancy: Mesa vs Phoenix
How do adu owner occupancy rules compare between Mesa, AZ and Phoenix, AZ?
Mesa and Phoenix have similar restriction levels.
Mesa, AZ
Maricopa County
Mesa does not require owner occupancy for ADUs under MZO Section 11-31-3, as updated by Ordinance 5883 to comply with HB 2720. Arizona HB 2720 prohibits cities over 75,000 from imposing owner-occupancy requirements. Both the primary residence and ADU may be rented to separate tenants. HOA CC&Rs in Mesa's many master-planned communities may still impose occupancy rules subject to ARS 33-1817 limits.
View full Mesa rules →Phoenix, AZ
Maricopa County
Phoenix had a long-standing owner-occupancy requirement for casitas under PZC Section 608, but Arizona HB 2928 (2025) preempts this restriction for cities over 75,000 population. Phoenix cannot now require owner-occupancy as a condition of ADU permits or use.
View full Phoenix rules →Key Facts Comparison
| Fact | Mesa | Phoenix |
|---|---|---|
| Status | Not required (HB 2720) | Preempted by HB 2928 (2025) |
| Code Section | MZO §11-31-3 | - |
| Both Units Rentable | Yes | - |
| HOA Layer | Heavy — many master-planned communities | - |
| HOA Statute | ARS §33-1817 | - |
| Pre-2025 Rule | - | Was required under §608 |
| HOA CC&Rs | - | Subject to ARS §33-1817 |
| Rentable | - | Both units now |
Highlighted rows indicate differences between cities.
Mesa FAQ
Does Mesa require owner-occupancy for ADUs?
No. Under Arizona HB 2720 and MZO Section 11-31-3 (Ordinance 5883), Mesa cannot require the property owner to live on-site as a condition of ADU permits. Both the main house and the ADU may be rented to separate tenants.
Can my Mesa HOA require me to live on-site to have an ADU?
Possibly, depending on your CC&Rs. Mesa has many master-planned communities with strict HOA rules. ARS 33-1817 limits HOA restrictions that effectively prohibit lawfully created ADUs, but reasonable architectural review may still apply. Review your specific CC&Rs and consult an attorney before relying on or contesting an HOA provision.
Phoenix FAQ
Does Phoenix require owner-occupancy for ADUs?
No, not since 2025. Arizona HB 2928 preempts owner-occupancy requirements in cities over 75,000 population. Phoenix removed the requirement that was previously in PZC Section 608.
Can my Phoenix HOA require me to live on-site to have an ADU?
Possibly, but the HOA's authority is limited under ARS 33-1817 which prohibits unreasonable HOA restrictions on lawfully created ADUs. Consult an attorney to evaluate your specific CC&Rs.
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