Montgomery County Executive Marc Elrich has vowed to veto legislation that would make it easier for homeowners to rent out accessory dwelling units on their properties by relaxing requirements. But the bill he’s targeting hasn’t passed yet.

During a media briefing Wednesday, Elrich called the bill “bad policy,” Bethesda Today reported.

Accessory dwelling units are smaller, independent residential units located on the same lot as a stand-alone single-family home, according to the American Planning Association. They are often called “granny flats.” Since 2019, the county has permitted 222 ADUs, according to the Department of Permitting Services.

County law requires homeowners to live on the property as their primary residence while renting out an ADU. The new bill would remove that requirement. It would also waive licensing and application fees for ADU owners who rent to households earning 65% or less of the area median income for at least 10 consecutive years.

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The legislation is sponsored by Council President Natali Fani-González and council member Andrew Friedson.

“What this does is encourage people to buy homes, and instead of the person buying the home being a homeowner — which is something we’re supposed to be encouraging — we’re actually going to shrink the supply of homes available for people to own,” Elrich said.

Both sponsors told The Banner they’re frustrated Elrich is knocking the proposal before it has come to a vote.

“Vowing to veto a pro-housing bill before it even hits committee work session is a sign of County Executive Elrich’s refusal to comprehend the government’s responsibility in addressing the housing shortage, particularly for the most vulnerable,” Fani-González said. “Sadly, he just continues to solidify his conservative and myopic view on housing.”

Friedson said he was “disappointed, not surprised” by Elrich’s reaction.

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“The county executive has a long-standing history of opposing housing options for more people,” Friedson said. “Ultimately, this is a proposal that is intended to provide more housing options for more people in our community, especially older adults, people with disabilities and young workers and families.”

The council’s Planning, Housing and Parks Committee will hold a work session on the bill on Oct. 26. A final vote has not been scheduled.

The pair have support from seven cosponsors: council Vice President Marilyn Balcombe and members Shebra Evans, Evan Glass, Sidney Katz, Dawn Luedtke, Laurie-Anne Sayles and Kate Stewart.

Luedtke told The Banner in a statement that she supports the legislation “because it would lessen the financial burden of construction costs for residents who would like to use their personal property to provide flexible and independent living options for family members or for supplemental rental income.”

“I believe it is important to diversify our housing stock so that working and retired people can afford to live and thrive here,” she said.

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Sayles told The Banner in a statement that, while she supports the legislation, she does not back ending the owner-occupancy requirement. She plans to introduce an amendment to the bill that would retain that requirement.

“We should support homeowners in creating affordable rentals without inviting bulk purchases of single-family homes by investors,” Sayles said.

Representatives for council members Will Jawando and Kristin Mink, who have not publicly weighed in on the bill, did not immediately respond to requests for comment on Friday.

If the bill passes and Elrich vetoes it, the council would need six votes to override the veto. Elrich has vetoed several council decisions in his nearly eight years as executive. The council has overridden each of them.

Jawando introduces bills to restructure county executive staff

At-large council member Jawando, the Democratic nominee for county executive, introduced two bills Tuesday that would restructure the county executive’s staff.

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One would expand the staff from four assistant chief administrative officers to six. Instead of adding two new positions, the bill would repurpose two existing positions in the department. The new assistant chief administrative officers would be appointed by the county executive and confirmed by the council.

“That means more manageable portfolios, a senior leader who can get departments working together more collaboratively and be a single point of contact for this and future councils across every department,” Jawando said when introducing the bill Tuesday.

The second bill would require the council to confirm new candidates for deputy-level positions in the county executive’s office.

“[It’s] about accountability, and it’s about results,” Jawando said. “Today, deputies at our principal agencies and departments are hired by our appointed directors through the merit system, and the council has no vote or input into that process.”

Evans, Glass, Katz, Mink and Sayles cosponsored both bills. A vote on the legislation has not been scheduled.

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“Right now, there are some executive directors and deputy directors who are appointed while others are not. That is not parity,” Glass said of his support for the bills. “That means the council is deliberately omitted from the process of approving all agency leaders.”

Jawando will face Republican Esther Wells in the Nov. 3 election but is expected to win the county executive seat in deep-blue Montgomery County, where 58% of registered voters are Democrats, according to the state board of elections’ latest voter registration activity report.