ADU Owner Occupancy: Peoria vs Tempe
How do adu owner occupancy rules compare between Peoria, AZ and Tempe, AZ?
Peoria and Tempe 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 →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 | Peoria | Tempe |
|---|---|---|
| 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 | - | Not required (HB 2720 preempts) |
| State Statute | - | ARS 9-461.18 |
| Both Units Rentable | - | Yes |
| HOA Layer | - | Light but present (The Lakes, Warner Ranch) |
| HOA Statute | - | ARS 33-1817 |
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.
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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