JADU Owner Occupancy Rule, California

A junior accessory dwelling unit (JADU) is a type of accessory dwelling unit located on the same parcel as your primary residence. However, unlike ADUs, JADUs may not exceed 500 sq. ft. Moreover, while ADUs can be separate from the main house, JADUs are either transformed parts of the primary dwelling unit or repurposed existing structures like garages.

Under California state law, the owner occupancy requirement does not apply to the rest of the accessory dwelling unit types. However, with junior accessory dwelling units, the situation remains more or less the same. So, if you’re willing to explore ADU owner occupancy requirements further, let’s study what JADUs and ADUs have in common, what they are for, and whether they require owner occupancy!

Junior Accessory Dwelling Unit vs. Accessory Dwelling Unit

An accessory dwelling unit is a secondary residence that provides independent living facilities for property owners, guests, or tenants. They have an efficient kitchen, a master bedroom, and a convenient bathroom, which, if there is enough space, can be supplemented with other rooms.

ADUs differ from JADUs in the following ways:

• They are smaller than the existing single-family dwelling residences but larger than JADUs.
• The proposed accessory dwelling unit offers several layout options: detached from the primary residence, attached to it, converted from existing space in the house, or from an existing structure on your plot.
• Recent laws have abolished owner occupancy requirements for ADUs because they halt their spread. With the ADUs permitted while not occupying the property, it led to broader opportunities to rent them out.

If we sum up the legal definition of a junior accessory dwelling unit, JADU is a livable dwelling either integrated within the existing main dwelling or converted from a non-habitable structure.

JADU characteristics that make it distinct from ADUs involve:

• They have a smaller scale than ADUs (up to 500 sq. ft.).
• JADUs are often a part of a single-family residence, occupying unused space like a spare bedroom or basement/attic, fitting within the existing footprint.
• They usually both offer autonomous living spaces while simultaneously using some amenities from the main residence.

Some local ordinances do not allow newly created JADUs, which means JADUs that you build separately from scratch, like detached ADUs. However, others do, which makes thorough research on local rules and regulations essential for the property owner. Although they usually have special dimension requirements and requirements for connection to the main housing, in some jurisdictions, it may be permissible to create JADUs as separate structures.

Junior Accessory Dwelling Units: Uses

If junior accessory dwelling units are smaller than ADUs, then how does that affect their functionality? Isn’t a junior accessory dwelling unit too tiny?

If you ponder these questions, here are several examples of how you can utilize this accessory structure type:

• Extended Family Accommodation

Despite its smaller footprint, a junior accessory dwelling unit is ideal for housing extended family members. For example, elderly parents, adult children, young parents with a baby who do not yet have their own home, or single parents with a child.

• Guest Suite

A junior accessory dwelling unit is suitable for offering visitors comfortable stays. Since JADUs often have their own utilities, they provide your guests with their own private space while spending time with homeowners.

• Rental Property

In high-demand regions, JADUs present a more affordable option for tenants, especially singles or couples without kids. Also, in places that permit short-term rentals, JADUs may be alluring for town guests or other tourists.

• Home Office or Hobby Studio

With a JADU within your primary dwelling or close to it, you can create a place for focused work or noisy and messy hobbies while leaving the space of your main house intact. For instance, JADU can be a home office, an art studio, a home gym, or a workshop area.

Therefore, while junior accessory dwelling units are not so big, they still offer a wide range of opportunities to home owners without the need for large-scale construction.

JADU Owner Occupancy Requirements

The owner occupancy requirement for JADUs mandates that the property owner reside in either the primary dwelling or the JADU on the premises. When JADU is in-house, they can occupy either the remaining portion of the single-family residence or the JADU itself. This means if, after building a junior ADU, your intention is to rent out not only one ADU but also a JADU, you must live on-site.

Why do owner occupancy requirements for ADUs no longer exist while for JADUs they’re still valid? The reasons for the JADU owner-occupant requirement lie in the essence and intended use of a newly created JADU. Building an ADU on a residential lot mainly serves to address the issue of affordable housing shortages. Thanks to this, property owners started to invest actively in ADU construction solely to rent them out in the future, thereby expanding housing options in high-demand areas and making accommodation more available.

On the other hand, when converting space into a JADU, property owners typically pursue the goal of creating integrated living spaces within the main residence. Local governments and local agencies require owner occupancy to prevent potential misuse or transformation of JADUs into standalone rental properties. JADUs are typically cheaper than ADUs. So if they’d allow it, it could lead to straining existing infrastructure and other issues with community overpopulation.

This ADUs and JADUs subdivision establishes a closer connection between the single-family residence and the JADU, as well as its nature and intended use (mostly for personal or restricted rental use).

Exception for a governmental agency

If a local agency like a land trust or housing organization built a JADU to create more affordable accommodations for people, owner occupancy requirements for JADU do not apply. When these entities get involved in JADU construction, they pursue publicly beneficial goals. This exemption acknowledges the unique role of such institutions in their fight against the housing shortage.

By eliminating the owner occupancy requirement in such cases, it facilitates the development of JADUs specifically designed to solve housing problems.

Junior Accessory Dwelling Units and Legal Issues

Owner occupancy requirements may cause legal ambiguities in a whole range of cases.

To illustrate this point, let’s imagine you built a junior ADU and managed to rent it out to a tenant. If you decide to move out of the city, you’ll need to stop renting the property since there’s an owner occupancy deed restriction. In this case, you’ll have to notify them and wait for 90 days before moving. However, if the rent is not monthly but a year-long lease, you’ll have to wait until the end of the rental agreement.

Likewise, issues may arise when you’re in the middle of selling your property. If you keep renting out a junior ADU, but potential buyers come to see the house, so you no longer can live there, at what moment do you need to stop renting it to the tenant?

Junior ADU owner occupancy requirements may get rather tricky, so for more up-to-date information, it’s advisable to consult with lawyers or with your local agency.

Frequently Asked Questions — FAQ

Does a JADU get its own address?

When single-family residences have JADUs built on their land, it’s necessary to check with the local city code. In some areas, a JADU may share the address of the main dwelling since it’s inside the house (internal JADU). In scenarios where the JADU has its own separate entrance and gets rented, it’s possible to assign a separate address for it if your local rules allow it.

What is the maximum square footage for a JADU?

To obtain a permit, your JADU must occupy no more than 500 sq. ft. of your property, whether it is inside the house or converted from an existing structure like an attached garage. Restricting the size to 500 sq. ft. ensures that JADUs remain compact and correspond to their original purpose. However, like other accessory dwelling units, JADUs less than 150 sq. ft. don’t get permitted.

What are the rules for JADU in Sacramento, CA?

In Sacramento, you can build one JADU in addition to one ADU if you have the residential lot zoned for a single-family dwelling. Heigh, setback, and parking requirements are typically the same as for ADUs. Usually, a property owner can build a JADU that is no higher than 16 ft, with 4 or 5 ft. from the side and rear property lines. Still, we strongly recommend consulting with the local jurisdiction for any area-specific considerations.

How is a JADU different from an ADU?

Additional standards are imposed on JADUs in terms of owner occupancy, but the differences don’t end there. Typically smaller in size, JADUs are easier to get permitted in some areas. That’s because, in most cases, for JADU creation, you need to transform an existing structure or the remaining portion of your house that you don’t frequently use. Since these structures already adhere to maximum standards, JADUs are generally subject to fewer restrictions.