Do Owner Occupancy Requirements Constrain Housing Supply?

Born out of a fear of absentee owners and rapacious investors, owner-occupancy requirements can have the contradictory effects of excluding renters from neighborhoods and limiting the number of rental units available.

1 minute read

November 1, 2022, 7:00 AM PDT

By Diana Ionescu @aworkoffiction


Duplex with twin two-story homes

karamysh / Duplex

A post on Brookings’ The Avenue by Anika Singh Lemar argues that owner-occupancy requirements, particularly on accessory dwelling units (ADUs), stifle housing supply and keep renters out of higher-end neighborhoods. As Lemar explains, “Restrictions on rentals appear in zoning codes, homeowners’ association rules, rules issued by subsidized lenders, and local ordinances.”

“Because renters typically have lower incomes than homeowners and are racially more diverse, owner-occupancy requirements affect the economic and demographic makeup of neighborhoods. Owner-occupancy requirements also prevent property owners from developing repeat expertise in acquiring and renovating existing housing stock to add ADUs; as a result, lenders are less likely to finance ADUs.” Lemar writes that owner-occupancy rules also reduce the housing supply by taking potential rental units off the market.

The article describes several court cases relevant to the debate over owner occupancy. “In the few cases where courts have interrogated the nexus between homeownership and home maintenance, they have refused to enforce owner-occupancy requirements.” Yet many continue  to uphold owner-occupancy requirements thanks to vague notions that owners will be better stewards of the property.

Lemar calls owner-occupancy requirements an example of “zoning creep,” the use of zoning to regulate “well outside the scope of land use and zoning regulations,” which has unintended negative impacts on equity and affordability.

Thursday, October 27, 2022 in Brookings / The Avenue

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Close-up of "Apartment for rent" sign in red text on black background in front of blurred building

Trump Administration Could Effectively End Housing Voucher Program

Federal officials are eyeing major cuts to the Section 8 program that helps millions of low-income households pay rent.

April 21, 2025 - Housing Wire

Logo for Planetizen Federal Action Tracker with black and white image of U.S. Capitol with water ripple overlay.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

April 30, 2025 - Diana Ionescu

Ken Jennings stands in front of Snohomish County Community Transit bus.

Ken Jennings Launches Transit Web Series

The Jeopardy champ wants you to ride public transit.

April 20, 2025 - Streetsblog USA

Close-up of white panel at top of school bus with "100% electric" black text.

Driving Equity and Clean Air: California Invests in Greener School Transportation

California has awarded $500 million to fund 1,000 zero-emission school buses and chargers for educational agencies as part of its effort to reduce pollution, improve student health, and accelerate the transition to clean transportation.

April 30 - California Air Resources Board

Aerial view of Freeway Park cap park over I-5 interstate freeway in Seattle, Washington at night.

Congress Moves to End Reconnecting Communities and Related Grants

The House Transportation and Infrastructure Committee moved to rescind funding for the Neighborhood Equity and Access program, which funds highway removals, freeway caps, transit projects, pedestrian infrastructure, and more.

April 30 - Streetsblog USA

"No Thru Traffic - Open Streets Restaurants" sign in New York City during Covid-19 pandemic.

From Throughway to Public Space: Taking Back the American Street

How the Covid-19 pandemic taught us new ways to reclaim city streets from cars.

April 30 - Next City