ADU Owner Occupancy: Peoria vs Phoenix
How do adu owner occupancy rules compare between Peoria, AZ and Phoenix, AZ?
Peoria and Phoenix have similar restriction levels.
Peoria, AZ
Maricopa County
Peoria may not require owner-occupancy as a condition of building or operating an accessory dwelling unit. Arizona Ariz. Rev. Stat. section 9-461.18 (HB 2720) preempts owner-occupancy mandates for cities over 75,000 population. The Peoria Zoning Ordinance residential districts were amended to remove any prior owner-occupancy condition. Investor-owned ADUs are permitted on single-family lots.
View full Peoria 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 | Peoria | Phoenix |
|---|---|---|
| State Preemption | Ariz. Rev. Stat. 9-461.18 (HB 2720) | - |
| Owner-Occupancy | Not required | - |
| Investor Use | Permitted | - |
| Occupant Limits | Cannot be city-restricted beyond IBC load | - |
| HOA Restrictions | Limited by state preemption | - |
| City Reference | Peoria Zoning Ordinance residential districts | - |
| Status | - | Preempted by HB 2928 (2025) |
| 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.
Peoria FAQ
Does Peoria require me to live on the property to have an ADU?
No. Arizona Revised Statutes section 9-461.18 (HB 2720) prohibits Peoria from requiring owner-occupancy as a condition for building or operating an accessory dwelling unit. Investor-owners may build and rent both the main house and the ADU.
Can my Peoria HOA enforce owner-occupancy for ADUs?
HB 2720 (Ariz. Rev. Stat. 9-461.18) substantially limits HOAs from blocking ADUs that comply with the state by-right standards. Older recorded covenants may be partially preempted; consult an Arizona real estate attorney for a specific covenant analysis.
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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