Montgomery County Councilmembers Andrew Friedson and Natali Fani-González have introduced legislation that would change the County’s rules for Accessory Dwelling Units (ADUs), with the stated goal of increasing housing supply.
The legislation would eliminate the requirement that a property owner occupy either the primary residence or ADU, allowing both units to be rented. It would also waive certain County fees for an ADU if the owner agrees with the Department of Housing and Community Affairs to charge rent affordable to households earning 65% or less of the area median income for at least 10 consecutive years.
The proposal follows changes adopted in 2019 aimed at making it easier to build ADUs. According to figures cited by the sponsors from the Department of Permitting Services, 222 ADUs have been permitted in Montgomery County since 2019. The County’s Office of Legislative Oversight recommended considering the easing or elimination of owner-occupancy requirements in a 2024 report.
The legislation is cosponsored by Council Vice President Marilyn Balcombe and Councilmembers Shebra Evans, Dawn Luedtke, Evan Glass, Kate Stewart, Laurie-Anne Sayles and Sidney Katz. A public hearing is scheduled for October 6 at 1:30 p.m., followed by a Planning, Housing and Parks Committee worksession on October 26.
Separately, Montgomery Planning has been considering ADU zoning changes in 2026, including changes involving where ADUs are permitted, density calculations, setbacks and parking requirements.
