San Francisco ADU Owner-Occupancy & Rental Rules
Accessory dwelling units (ADUs) in San Francisco, California are regulated by local planning and building departments and by state ADU law; owners and landlords must follow local permit, occupancy, and rental requirements before leasing an ADU. This guide summarizes who must occupy the property, allowable rental uses, common compliance steps, and where to get official permits and enforcement help.
Who must occupy the property and basic rental rules
San Francisco implements state and local ADU policies; owner-occupancy requirements have varied over time and may be affected by state preemption. Property owners should confirm local rules and any temporary or program-specific owner-occupancy conditions before renting an ADU. For official program details and eligibility, see the Planning Department and DBI ADU pages[1][2].
What you can rent and for how long
- Short-term rentals (less than 30 days) may be regulated separately under San Francisco short-term rental laws and may require registration; check local short-term rental rules.
- Long-term rentals (30 days or more) are the usual rental form for ADUs but may trigger local registration, building-safety, and rent rules.
- Owner-occupancy conditions, if present for a specific permit or program, restrict renting the primary unit; whether they apply to ADUs depends on the permit and the Planning/DBI guidance.
Penalties & Enforcement
Enforcement is handled by the San Francisco Department of Building Inspection (DBI) and the Planning Department for zoning and permit compliance; other agencies may enforce housing, health, or short-term rental rules. Specific monetary fines, escalation amounts, and schedules are not consistently listed on the consolidated guidance pages and may be established in code or administrative citation procedures; where a specific fine or schedule is not shown on the cited page we state that fact below and point to the enforcing office.
- Monetary fines: not specified on the cited Planning and DBI ADU guidance pages; consult DBI enforcement or the San Francisco Municipal Code for citation schedules.
- Escalation: first, repeat, and continuing violation procedures are set by administrative citation rules or civil enforcement processes; specific ranges are not specified on the cited guidance pages.
- Non-monetary sanctions: stop work orders, notices to comply, permit revocation, and court injunctions are possible enforcement tools under city practice and building code enforcement.
- Enforcer and complaint pathway: San Francisco Department of Building Inspection (DBI) enforces building and permit violations; file complaints or request inspections via DBI contact resources or Planning Department permit inquiry pages[2].
- Appeals and review: appeal routes and appeal time limits depend on the specific permit or citation (e.g., DBI administrative citation appeals); the guidance pages do not list uniform time limits and advise contacting the issuing department.
Applications & Forms
The primary permits and forms for ADUs are processed through the Planning Department and DBI. Form names, permit numbers, fees, and submission methods vary by project scope; the Planning ADU page and DBI ADU resources link to current application instructions and intake procedures[1][2]. If a published single form number for owner-occupancy declarations is required, it will be listed on those official department pages; if not, no single standardized owner-occupancy form is specified on the cited pages.
Common violations
- Constructing or renting an ADU without final DBI approval or a completed permit.
- Failing to obtain required zoning clearance or Planning approvals for use changes.
- Operating a short-term rental without required registration or beyond permitted unit types.
Action steps to comply
- Verify whether your ADU permit included owner-occupancy conditions at time of approval.
- Obtain final DBI inspection sign-off and any Planning clearances before listing the ADU for rent.
- Contact DBI or Planning early if you receive a notice or plan to change occupancy to confirm required filings.
FAQ
- Can I rent my ADU while living offsite?
- That depends on whether the ADU permit or local program required owner-occupancy; confirm with Planning and DBI and review the original permit conditions.
- Do ADUs need separate permits to be rented long term?
- ADUs require finalized building permits and habitability approvals from DBI before long-term occupancy; licensing for rentals may involve other city requirements depending on use.
- What happens if I rent without DBI sign-off?
- Possible enforcement includes stop-work orders, notices to comply, and administrative citations; monetary fines and other sanctions may apply as determined by the enforcing department.
How-To
- Confirm the ADU permit status and any owner-occupancy condition with the Planning Department.
- Obtain all required DBI inspections and final approvals for habitability.
- Register or comply with any short-term rental or local registration requirements if applicable.
- Keep records of permits, inspections, and communications in case of complaint or inspection.
Key Takeaways
- Verify owner-occupancy conditions on your permit before renting.
- Get DBI final approvals and Planning clearance to avoid violations.
Help and Support / Resources
- San Francisco Planning Department - ADU and permit guidance.
- San Francisco Department of Building Inspection (DBI) - permits, inspections, and enforcement contact.
- San Francisco Municipal Code (Code Library) - searchable city code and regulations.