Policy Brief: Bill 18-24, Housing Policy – Standards and Procedures – Amendments (MoCo Council)

The Maryland General Assembly recently passed HB 424, which repealed an outdated mandate for Montgomery County's Housing Opportunities Commission (HOC) to advertise notices for public hearings for proposed affordable housing developments before the formal development review process began. This provision has been in Maryland law since 1957. However, at the beginning of October, HB 424 officially went into effect, and this process is no longer. With the enactment of HB424, Montgomery County needs to amend its law to align with state law, which is being done by introducing Bill 18-24, Housing Policy – Standards and Procedures – Amendments.

Bill 18-24 proposes to amend existing Montgomery County laws governing family-assisted housing. The primary change suggested is to remove the HOC's requirement to send notices and hold public hearings for proposed assisted family housing developments, which would streamline the review process for affordable housing projects and reduce delays.

Why It Matters

Affordable housing is a critical issue in Montgomery County. Driven primarily by rising housing prices, Montgomery County has one of the highest incomes and highest costs of living in the nation. As home prices across the Washington Metropolitan Area continue to increase, finding decent, affordable housing is becoming increasingly difficult. That unfortunate fact is true for many individuals and families across the DC Area but especially for those with low -to moderate incomes who are the most vulnerable to housing instability or displacement.

Source: Montgomery County CountyStat

Affordable housing ensures that Montgomery County can remain an equitable, diverse, and sustainable community. However, if the county does not address this issue, they risk widening both social and economic disparities and losing residents who are key parts of the workforce to more affordable neighboring areas of DC, Maryland, or Virginia. Montgomery County can help advance long-term stability and inclusiveness for all its residents by expanding affordable housing options.

The county's current affordable housing development process includes steps that could delay housing projects. These delays can impact the county's ability to provide timely and affordable housing to low- and moderate-income families. With the removal of these unnecessary and outdated requirements, the bill attempts to speed up the approval of affordable housing developments so families in need have quicker access to housing.

Key Points

Bill 18-24 would remove the requirement for the HOC to either send notices or hold public hearings before affordable housing developments are formally reviewed, aligning with HB 424. Under the proposal, Montgomery County residents could still participate in the development process as county agencies, such as the Department of Housing and Community Affairs (DHCA), would continue to provide notices and hold public hearings.

Proposed Changes

The bill proposes to modify Section 25B-2 and Section 25B-5 of the Montgomery County Code and remove Montgomery County's HOC requirement to send notices and hold public hearings for affordable housing developments. The bill, however, still maintains the requirement for the Department of Housing and Community Affairs (DHCA) and any other governmental entity in the county to provide notice and a hearing for affordable housing projects.

Impact

Bill 18-24 would primarily affect low-to-moderate-income families that rely on affordable housing. One goal of the bill is to reduce delays in developing such housing and simplify the approval process. It would also impact developers and the HOC. Public participation would be affected, but it will still be allowed through other avenues during the standard development review process.

Enforcement

If enacted, the Montgomery County Department of Housing and Community Affairs and the broader county government will enforce the new policy and oversee the streamlined approval process.

Next steps

After the public hearing, the next step in the legislative process will be for Bill 18-24 to hold a worksession in the Planning, Housing, and Parks (PHP) Committee, scheduled for October 21, 2024. During this session, the PHP Committee will review the bill in detail, discuss potential amendments, and analyze its possible effects on the community. Once the committee reviews Bill 18-24, they will decide whether or not to move it forward to the full committee for a vote.

Important Dates

Public Hearing: Occurred on October 8, 2024 (link to hearing recording)
Committee Worksession: Scheduled for October 21, 2024.