California Assembly Bill 976 (2023) — made the prohibition on owner-occupancy requirements for ADUs permanent, effective January 1, 2024.
Earlier law barred owner-occupancy requirements only for ADUs permitted between 2020 and 2025, and let cities require it again for ADUs permitted after that. AB-976 removed the end date, so a city cannot require an owner to live on the property for any ADU. A JADU that shares sanitation facilities with the existing structure still requires owner-occupancy under state law; it is not required if the JADU has separate sanitation facilities, or if the owner is another governmental agency, land trust, or housing organization.
Part of the BackyardADU California ADU Glossary — plain-English definitions of the regulatory, construction, and financing terms you'll encounter during a California ADU project.