ADU Owner Occupancy: Mesa vs Tempe
How do adu owner occupancy rules compare between Mesa, AZ and Tempe, AZ?
Mesa and Tempe 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 →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 | Mesa | Tempe |
|---|---|---|
| Status | Not required (HB 2720) | Not required (HB 2720 preempts) |
| Code Section | MZO §11-31-3 | - |
| Both Units Rentable | Yes | Yes |
| HOA Layer | Heavy — many master-planned communities | Light but present (The Lakes, Warner Ranch) |
| HOA Statute | ARS §33-1817 | ARS 33-1817 |
| State Statute | - | ARS 9-461.18 |
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.
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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