It depends on the program. San Francisco Planning says ADUs built under the Local Program are subject to the city's rent control law, and that units built with waivers in a building with rental units are placed under a regulatory agreement. For the State Program, Planning notes that state law prevents the city from applying rent stabilization to some ADUs.
Local Program units
Expect rent control. Waivers that let the unit fit an existing building come with a regulatory agreement that brings the new unit under the rent ordinance.
State Program units
Some are outside local rent stabilization because of state law. Whether yours is depends on the building and the details. Ask the Rent Board and get the answer in writing.
Other tenant rules
- An ADU cannot remove housing services tenants use, such as a garage, laundry or storage, without just cause.
- The Local Program bars ADUs on lots with certain recent no-fault evictions.
Get advice
Rent control questions have legal consequences. Talk with the Rent Board or a lawyer before you choose a program.
Sources, as of November 2026: San Francisco Planning, "Accessory Dwelling Units"; San Francisco Rent Board. General information, not legal advice.
Updated November 2026