ADU Owner Occupancy: Mountain View vs San Jose
How do adu owner occupancy rules compare between Mountain View, CA and San Jose, CA?
Mountain View, CA
Santa Clara County
No data available yet for Mountain View.
San Jose, CA
Santa Clara County
Standard ADUs permitted between January 1, 2020 and January 1, 2025 carry no owner-occupancy requirement under California Government Code Section 65852.2(a)(6) and SJMC 20.30.150. AB 976 (2023) made that prohibition on owner-occupancy mandates permanent. Owners may rent both the main house and the ADU to separate long-term tenants. Junior ADUs (JADUs) up to 500 sq ft within the primary dwelling still require the owner to live on-site in either the JADU or the main house.
View full San Jose rules →Key Facts Comparison
| Fact | Mountain View | San Jose |
|---|---|---|
| Standard ADUs | - | No owner-occupancy required |
| Authority | - | AB 976 (2023), Gov. Code 65852.2(a)(6) |
| Junior ADUs | - | Owner occupancy required |
| JADU Size Cap | - | 500 sq ft, inside main house |
| Recording | - | JADU deed restriction |
Highlighted rows indicate differences between cities.
Mountain View FAQ
No FAQs available.
San Jose FAQ
Can I rent both my San Jose ADU and main house as an absentee owner?
Yes, for standard ADUs. SJMC 20.30.150 and state AB 976 prohibit cities from requiring owner occupancy of standard ADUs. You can live elsewhere and lease both units to long-term tenants.
What about a JADU?
Junior ADUs (up to 500 sq ft, carved out of the main house) still require the property owner to live in either the JADU or the main dwelling. The requirement is enforced through a deed restriction recorded at permit issuance.
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