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

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

July 2, 2025 - Mother Jones

Close-up of park ranger in green jacket and khaki hat looking out at Bryce Canyon National Park red rock formations.

National Parks Layoffs Will Cause Communities to Lose Billions

Thousands of essential park workers were laid off this week, just before the busy spring break season.

February 18, 2025 - National Parks Traveler

Paved walking path next to canal in The Woodlands, Texas with office buildings in background.

Retro-silient?: America’s First “Eco-burb,” The Woodlands Turns 50

A master-planned community north of Houston offers lessons on green infrastructure and resilient design, but falls short of its founder’s lofty affordability and walkability goals.

February 19, 2025 - Greg Flisram

Screenshot of shade map of Buffalo, New York with legend.

Test News Post 1

This is a summary

0 seconds ago - 2TheAdvocate.com

Red 1972 Ford Pinto with black racing stripes on display with man sitting in driver's seat.

Analysis: Cybertruck Fatality Rate Far Exceeds That of Ford Pinto

The Tesla Cybertruck was recalled seven times last year.

18 minutes ago - Mother Jones

test alt text

Test News Headline 46

Test for the image on the front page.

March 5 - Cleantech blog