ADU Owner Occupancy: Phoenix vs Surprise
How do adu owner occupancy rules compare between Phoenix, AZ and Surprise, AZ?
Phoenix and Surprise have similar restriction levels.
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 →Surprise, AZ
Maricopa County
Under Arizona's ADU statute (ARS § 9-461.18) Surprise cannot require owner occupancy of the principal dwelling or the ADU for long-term rental purposes. The statute also prohibits any familial, marital, or employment relationship requirement between owner and occupant. The only owner-occupancy authority remaining is for ADUs built after September 14, 2024, that are used as short-term rentals — Surprise can require the owner to live on-site in that narrow scenario.
View full Surprise rules →Key Facts Comparison
| Fact | Phoenix | Surprise |
|---|---|---|
| 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 | - |
| State Preemption | - | ARS § 9-461.18 (no owner occupancy) |
| Long-Term Defined | - | Lease ≥ 90 days or month-to-month |
| STR Exception | - | ADUs built post-9/14/2024 only |
| HOA Authority | - | Not preempted (CC&Rs apply) |
Highlighted rows indicate differences between cities.
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.
Surprise FAQ
Does Surprise require the owner to live on-site to have an ADU?
No, not for long-term rentals. ARS § 9-461.18 preempts municipal owner-occupancy mandates for cities over 75,000 population. The only exception is for ADUs built after September 14, 2024, that are used as short-term rentals.
Can I rent out both the main house and the ADU to different tenants in Surprise?
Yes under state law. ARS § 9-461.18 expressly permits separately leased long-term rental of the single-family dwelling and ADU on the same parcel. Sun City Grand and other HOAs may still restrict this through CC&Rs.
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