Bill would remove barriers to production of additional affordable housing options
ROCKVILLE, Md., Nov. 10, 2026, Today, the Montgomery County Council voted 10-1 to pass Bill 41-26, which will modernize the County’s Accessory Dwelling Units (ADUs) policies. The bill was led by Councilmember Andrew Friedson, Chair of the Council’s Planning, Housing & Parks (PHP) Committee, and Council President Natali Fani-Gonzalez.
“It is no secret that our county and region are facing a housing crisis. Greater production of ADUs is one tool in our toolkit to create more housing options for more of our residents. By reducing red tape, improving affordability, and following nationally recommended best practices from organizations like AARP, this legislation will help create more housing options to help more residents live, work, and retire in our community,” said Chair Friedson.
In 2019, the Council unanimously adopted Zoning Text Amendment 19-01 sponsored by former Councilmember Hans Riemer, with the goal of removing significant barriers for homeowners seeking to build ADUs. According to data from the Department of Permitting Services, there have been 222 ADUs permitted in Montgomery County since 2019.
The PHP Committee held two worksessions on ADUs in 2024, where they heard from experts from AARP who identified removing owner-occupancy requirement as a best practice to increase the production of ADUs. As a response to some of the concerns raised about removing the owner-occupancy requirement, the bill passed by the Council would establish a cap limiting the number of ADU rental licenses by a single owner to two.
The bill would also remove another barrier for ADU production by waiving various county fees for ADUs if the applicant enters into an agreement with the Department of Housing and Community Affairs to charge rent affordable to households earning 65 percent or less of the area median income for a period of at least 10 consecutive years.
“For many families, their home is their greatest investment and one of the most important tools they have to build stability and opportunity. This bill gives homeowners more flexibility in how they use their property, whether that is creating a new source of income, helping support changing family needs, or making the most of the home they own. At the same time, expanding access to accessory dwelling units increases the supply of smaller, more affordable housing options throughout our county. Every new home helps create more opportunity for renters, eases pressure on housing costs, and makes it easier for people at different stages of life to find a place to call home. This is a practical step that benefits homeowners, renters, and the long-term strength of our communities,” stated Council President Fani-González.
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