The Montgomery County Council voted 10-1 on Tuesday, November 10, to pass Bill 41-26, which aims to make it easier for homeowners to create accessory dwelling units (ADUs), such as basement apartments, garage apartments and backyard cottages.
The legislation, led by Councilmember Andrew Friedson and Council President Natali Fani-González, removes the requirement that property owners live on-site to operate an ADU. However, individual owners would be limited to two ADU rental licenses.
The bill also waives certain County fees for homeowners who agree to rent their ADUs at affordable rates to households earning 65% or less of the area median income for at least 10 consecutive years.
According to the Montgomery County Department of Permitting Services, 222 accessory dwelling units have been permitted in the County since 2019, when the Council previously approved changes intended to make ADUs easier to build.
Councilmembers said the new legislation is intended to increase housing availability, provide homeowners with additional flexibility and create more affordable rental options throughout Montgomery County.
