ADU Owner Occupancy: Phoenix vs Tempe
How do adu owner occupancy rules compare between Phoenix, AZ and Tempe, AZ?
Phoenix and Tempe 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 →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 | Phoenix | Tempe |
|---|---|---|
| Status | Preempted by HB 2928 (2025) | Not required (HB 2720 preempts) |
| Pre-2025 Rule | Was required under §608 | - |
| HOA CC&Rs | Subject to ARS §33-1817 | - |
| Rentable | Both units now | - |
| 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.
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.
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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