AGENDA ITEM #8A
February 5, 2013
Action
MEMORANDUM
February 1,2013
TO:
FROM:
SUBJECT:
County Council
Jeffrey L.
zyontl:
~islative
Attorney
Action:
Bill 31-12, Accessory Apartments - Licensing
The Zoning Text Amendment (ZTA) 12-11 would allow accessory apartments under certain conditions
without a special exception. The Planning, Housing, and Economic Development Committee after
worksessions on October 8, October 22, and November 5,2012, recommended Bill 31-12 and amending
ZTA 12-11 to simplify and speed the review of most accessory apartments.
On November 5, 2012, the Committee endorsed the provisions of Bill 31-12 to create a separate
licensing process for accessory apartments in combination with its recommendations on ZTA 12-11.1
Bill 31-12 sponsored by the Planning, Housing, and Economic Development Committee, was introduced
on November 13, 2012.
The Council held a public hearing on Bill 31-12 on December 4, 2012.
The Council reviewed the
2
issues raised in the testimony at its worksession on January 15,2013. The straw votes by the Council
indicated support for 3 changes to the Bill:
1)
2)
3)
Allow the Department of Housing and Community Affairs Director to determine the details of a
sign an applicant must post on their property;
Make provisions for the transferability of an accessory apartment license; and
Establish an effective date of May 20,2013.
After the meeting, Committee members agreed with an amendment to use the date of acceptance of a license application by
DHCA to determine subsequent deadlines. As introduced, Bill 31-12 uses the date of filing a license application to determine
subsequent deadlines.
2
The memorandum that was used by the Council is attached to that staff report for item #6(B) on Council's February 5, 2013
agenda.
I
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Issues that resulted in straw vote revisions
Is a sign sufficient notice of an accessory apartment license application without a mailed notice to
neighbors?
The Bill as introduced would require the posting of a sign on the site of an accessory apartment
application. One municipality has requested a requirement for a mailed notice to the municipalities.
Bill 31-12 as introduced would not require a mailed notice to anyone. Currently, building permits are
required to be posted on a site (without sign requirements). Special Exception applicants are required to
post a sign and mail notice. Bill 31-12, by requiring a sign with the same specifications as a sign for a
special exception application, would require more notice than a building permit but less notice than a
special exception. In the opinion of the Committee majority, a sign notice would be sufficient. (The
DHCA Director indicated that DHCA staff will provide signs, just like the Board of Appeals staff
provides for special exceptions.) Councilmember EIrich recommended requiring a mailed notice to
adjoining and confronting property owners, the local civic association, and the municipality ofthe site, if
any.
After considering the testimony and the provisions of Bill 31-12 as introduced, the Council indicated
satisfaction with notice by a posted sign but thought the detailed provision for the sign's specification
were best left up to the Department of Housing and Community Development Director. The attached
revised Bill deleted the sign specification and added:
The sign provided by the Director must remain in place on the lot for a period of time and
in a location determined by the Director. (lines 93-95, ©5)
When a property with a licensed accessory apartment is sold, what are the obligations of the new
owner?
A new owner of an accessory apartment must notify DHCA of the change in ownership. The current
obligations of a new owner of an accessory apartment do not include a requirement to apply for the
transfer or pay a fee for the transfer:
Sec. 29-24. Transferability.
(a) If an applicant for or the holder of a license transfers ownership or no longer is an agent
for the licensed rental housing or changes address, the applicant or licensee must notify
the Department within 10 days of the change. The Director may reject an application or
suspend or revoke a license if the applicant or licensee does not notify the Department as
required by this subsection.
(b) Any person who takes over the operation of licensed rental housing may transfer the
license for the unexpired portion of the term for which it was issued by applying to the
Director within 15 days after taking over operation and paying a license transfer fee of at
least $5 per dwelling unit, but not exceeding $25. Nothing in this Section affects the
validity of any sale, transfer, or disposition of any interest in real estate.
This subsection
does not apply to accessory apartments. {emphases added]
(c)
Whenever the ownership of any rental housing changes hands, the transferor must notify
all tenants of the name, address and office location of the transferee. If the transferee is a
corporation, the transferor must list the name and address of the resident agent of the
transferee.
2
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A straw vote of the Council indicated support for a new provision concerning the transferability of
accessory apartment licenses. The attached revised Bill would add the following provision:
The Director may transfer an accessory apartment license to a new owner of a licensed
apartment if the new owner applies for the transfer. The conditions and fees for any
transfer are the same as the conditions and fees for a license renewaL (lines 145-148,
©7)
What is the effective date of the
Bill
and the ZTA?
The effective date of a Bill is 91 days after the Executive signs the Bill, unless a specific effective date is
noted in an uncodified section of the Bill. The effective date of a ZTA is 20 days after Council
approval, unless noted otherwise in the ZTA. If the Council approves the Bill and the ZTA, then the
effective day for both actions should be the same. A straw vote of the Council indicated support for
adding the following uncodified provision:
Effective date. This Act takes effect on May 20,2013.
This packet contains:
Bi1l31-12
Legislative Request Report
Fiscal and Economic impact statements
Circle #
1
11
12
F :\LA \.V\BlLLS\ 1231 Accessory Apartments - Licensing\F inal Action Memo Feb 5. Doc
3
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Bill No.
31-12
Concerning: Accessorv Apartments ­
licensing
Revised: Januarv 16, 2013 Draft No. _3_
Introduced:
November 13, 2012
May 13, 2014
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
May 20, 2013
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Planning Housing, and Economic Development Committee
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
require an accessory apartment rental license issued by the Department of Housing
and Community Affairs;
establish the standards for the issuance of an accessory apartment license;
require notice of the proposed accessory apartment;
authorize the Hearing Examiner to hear objections to the Department's findings
concerning an accessory apartment rental license; and
generally amend the law governing an accessory apartment and appeals for rental
licenses.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-112 and 2-140
Chapter 29, Landlord-Tenant Relations
Sections 29-16,29-19, and 29-26
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
* *
Heading or defined term,
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 31-12
1
Sec.
1.
Sections 2-140,29-16,29-19, and 29-26 are amended as follows:
2
3
2-140. Powers, duties and functions.
(a)
The Office of Zoning and Administrative Hearings must:
(1)
schedule and conduct public hearings on any appeal or other
matter assigned by law or by the County Council, County
Executive, or other officer or body authorized to assign matters to
a hearing examiner;
(2)
issue a subpoena, enforceable in any court with jurisdiction, when
necessary to compel the attendance of a witness or production of
a document at any hearing, and administer an oath to any witness;
(3)
allow each party in any hearing a reasonable opportunity to cross
examine each witness not called by that party on matters within
the scope ofthat witness' testimony;
(4)
forward a written report, with a recommendation for decision, to
the body that assigned the matter, including findings of fact and
conclusions of law where required or appropriate;
(5)
adopt regulations, subject to Council approval under method (2),
to govern the conduct of public hearings and other activities of
the Office.
(b)
The Office may act as an administrative office or agency designated by
the District Council, as prescribed in the Regional District Act (Article
28 of the Maryland Code).
(c)
The Office may hear, and submit a written report and recommendation
to the specified officer or body on, any:
(1)
(2)
petition to the County Council to grant, modify, or revoke a
special exception, as provided in Chapter 59;
designation by the County Council of a geographic area as a
community redevelopment area; [or]
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(3)­
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BILL No. 31-12
29
30
(3)
matter referred by the Board of Appeals under Section 2-112(b);
or
31
32
33
34
ill
objection to
~
finding made
!2y
the Director of the Department of
Housing and Community Affairs concerning an application for
an accessory apartment rental housing license under Section 29­
26.
35
36
37
38
39
40
41
(d)
When the County Executive or a designee must conduct an
administrative hearing under any law, the Executive may authorize the
Office of Zoning and Administrative Hearings to conduct the hearing or
any particular class of hearings.
29-16. Required.
(a)
The owner of a dwelling unit must obtain a rental housing license before
operating the dwelling unit as rental housing. If the owner
IS
a
42
43
44
45
46
corporation, the corporation must be qualified to do business in
Maryland under state law. Each owner must certify to the Department
the name, address and telephone number of an agent who resides in
Maryland and is qualified to accept service of process on behalf of the
owner.
(b)
The Director must issue [two] three classes of rental housing licenses.
Class 1 is a multifamily rental housing license. Class 2 is a single-family
rental housing license. Class
J.
is
license.
(c)
A Class 1 rental housing license is required for each apartment complex
and personal living quarters building, and for each multifamily dwelling
unit operated as rental housing. A Class 2 rental housing license is
required for each single-family dwelling unit operated as rental housing.
A Class
J.
license is required for each single-family residence with an
~
47
48
49
50
51
52
single-family accessory apartment
53
54
55
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Bill
No.
31-12
56
57
58
59
accessory apartment that does not have
£!
special exception approved
before {EFFECTIVE DATE}.
*
29-19. Licensing procedures.
(a)
*
*
60
61
To obtain a rental housing license, the prospective operator must apply
on a form furnished by the Director and must pay the required fee. If the
Director notifies the applicant of any violation of law within 30 days,
the Director may issue a temporary license for a period of time the
Director finds necessary to achieve compliance with all applicable laws.
62
63
64
65
66
(b)
Accessory apartment rental license.
ill
An owner of [an accessory apartment]
£!
lot or parcel in
£!
zone
that permits accessory apartments may obtain [and keep] a
license to operate an accessory apartment if [the occupancy of the
accessory apartment is limited to]:
67
68
69
70
71
72
73
[(1)
One or more individuals who live and cook together as a single
housekeeping unit and are related by:
(A)
(B)
(C)
Blood;
Marriage; or
Adoption; or
74
75
(2)
No more than 2 individuals who live and cook together as a
single housekeeping unit.]
CA)
the owner places
£!
sign provided by the Director on the lot
of the proposed accessory apartment within
~
76
77
78
79
days after
[[applying for]] the Director accepts an application license,
unless
£!
§ign
is required as part of an application for
£!
special exception. [[The sign must:
80
81
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BILL
No. 31-12
82
ill
(in
be constructed of any durable material approved
Qy
the Director;
be at least 30 inches above the ground at its lowest
level;
83
84
85
86
87
88
89
90
91
(iii) be at least 24 inches high and 36 inches wide;
(iv) have only letters and numbers that are at least
inches
l!igh;
and
1
ill
include information that an application for an
accessory apartment license was filed, the internet
address of
!!
web site to find the status of the
application, and any other facts required
Qy
the
Director.]] The sign provided by the Director must
remain in place on the lot for a period of time and in
a location determined by the Director.
92
93
94
95
96
97
98
99
100
@)
the principal dwelling on the lot or parcel required for the
proposed accessory apartment is the owner's primary
residence. Evidence of primary residence includes:
ill
(ii)
the owner's most recent Maryland income tax
return;
the owner's current Maryland driver's license, or
101
102
(iii)
the owner's real estate tax bill for the address of the
103
104
105
proposed accessory apartment; and
{Q
the Director finds that:
ill
the accessory apartment satisfies the standards for
an accessory apartment in Section
59-A-6.l9;
or
106
107
108
(ii) the accessory apartment was approved under Article
59-0
as
!!
special exception.
(S;
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BILL
No. 31-12
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
l30
l31
[[0]]
ill
Upon receipt of an application for an accessory apartment
license, the Director must:
.cAl
send
£!
.£Qpy
of the application to the Office of Zoning and
Administrative Hearings within
.2.
days after the date the
application was [[filed]] accepted by the Director;
au
!1J
inspect the lot or parcel identified in the application and
the proposed accessory apartment;
complete
£!
report on any repairs or improvements needed
to approve the application;
.em
®
issue
£!
report on all required findings within 30 days after
the date the application was [[filed]] accepted by the
Director;
post
£!
.£Qpy
of the Director's report on findings on the
internet web site identified on the applicant's
~
ill
issue or deny
£!
new license 30 days after the issuance of
the Director's report unless:
ill
£!
timely objection is filed under Section 29-26; or
(ii)
improvements to the property are required before
the license may be approved.
[[®]]
ill
The Director may renew
£!
license for an accessory
apartment at the request ofthe applicant if
(A) the applicant:
ill
attests that the number of occupants will not exceed
the requirements of Section 26-5 and there will be
no more than
132
133
l34
2.
residents
in the apartment who are
older than..lli years;
®
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BILL No. 31-12
135
136
137
138
139
Oi)
attests that one of the dwelling units on the lot or
parcel will be the primary residence of the owner;
and
(iii)
acknowledges that
121
obtaining
~
license the
applicant gives the Director the right to inspect the
lot or parcel including the accessory apartment.
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
Hill]] ill
The Director may renew
~
Class
1
license for an accessory
~
apartment that was approved as
special exception, as
~
Class
1
license if the conditions of the special exception remain in effect
and the applicant is in compliance with those conditions,
ill
The Director may transfer an accessory apartment license to a
new owner of a licensed apartment if the new owner applies for
the transfer. The conditions and fees for any transfer are the same
as the conditions and fees for a license renewal.
(ill
The Director must maintain
Class
~
public list and map showing each
~
J
license and each accessory apartment with
Class
1
license.
(c)
Where a rental building has not been completely constructed or
renovated, the Director may issue a temporary license for that part of the
building that has been completely constructed or renovated if the
landlord has:
(1)
obtained a temporary certificate of occupancy under Chapter 8;
and
(2)
complied with all other applicable laws.
However, the temporary license expires when a license to operate the
entire building is issued.
(:)
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BILL No. 31-12
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
(d)
The Director must not issue a rental housing license for a personal
living quarters building unless the applicant has submitted a satisfactory
management plan. The plan must specify who will manage the building
and explain what the manager will do to achieve acceptable levels of
safety, sanitation, and security in the building'S common areas.
(e)
Each licensee must give the Department a current address for the receipt
of mail. If the Department sends first class or certified mail to the
licensee at the designated address and the mail is returned as
undeliverable, the Department may treat the mail as having been
received.
*
29-26. Appeals and Obiections.
*
*
!ill
Any person aggrieved by a final action of the Commission rendered
under this Article may appeal to the Circuit Court [in accordance with]
under the Maryland Rules of Procedure for
[a
review of the action]
judicial review of
~
final administrative agency decision. An appeal
does not stay enforcement of the Commission's order.
{hl
Objections concerning any new accessory apartment license.
ill
The applicant for
~
~
new license for an accessory apartment may
~
object to an adverse finding of fact
Qy
the Director
Qy
filing an
objection and
request for
hearing with the Office of Zoning
and Administrative Hearings.
ill
Any other aggrieved person may file an objection and request for
~
hearing with the Office of Zoning and Administrative Hearings
~
®
objecting to any finding of fact
Qy
the Director; or
Q.
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BILL
No. 31-12
187
188
189
190
191
192
193
194
195
196
197
198
199
lli2
ill
alleging that on-street parking is inadequate when g special
exception is not required.
A request for
g
review
Qy
the Hearing Examiner must be
submitted to the Office of Zoning and Administrative Hearings
within 30 days after the date of the Director's report and must
state the basis for the objection.
(±)
The Hearing Examiner must send notice of an adjudicatory
hearing to the applicant and any aggrieved person who filed an
objection within
~
days after the objection is received and
conduct any such hearing within 20 days ofthe date the objection
is received unless the Hearing Examiner detennines that
necessary parties are unable to meet that schedule.
ill
{Q}
The Hearing Examiner may only decide the issues raised
Qy
the
objection.
The Hearing Examiner may find that on-street parking
inadequate if:
(A)
the available on-street parking for residents within 300 feet
of the proposed accessory apartment would not pennit g
resident to park on-street near his or her residence on
regular basis; and
~
IS
200
201
202
203
204
205
206
207
lli2
the proposed accessory apartment is likely to reduce the
available on-street parking within 300 feet of the proposed
accessory apartment.
208
209
210
211
ill
The Hearing Examiner may find that more than the minimum on­
site parking must be required as g condition of the license.
212
213
lID
The Hearing Examiner must issue g final decision within 30 days
after the close ofthe adiudicatory hearing.
tV-
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Bill
No.
31-12
214
215
216
217
218
219
220
m
The Director must issue or deny the license based on the final
decision of the Hearing Examiner.
[[(iii)]] (lQ) Any aggrieved
l2ill:!Y
who objected under subsection 29­
26(b) may request the Circuit Court to review the Hearing
Examiner's final decision under the Maryland Rules of Procedure.
An
appeal to the Circuit Court does not automatically stay the
Director's authority to grant
~
license.
Sec. 2.
Effective
d~te.
This Act takes effect on May 20,2013.
221
222
Approved:
Nancy Navarro, President, County Council
Date
223
Approved:
224
Isiah Leggett, County Executive
Date
225
This is a correct copy ofCouncil action.
226
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 31-12
Accessory Apartments
-
Licensing
DESCRIPTION:
This Bill establishes a process for accessory apartment licensing
including noticing, standards for issuance and renewal, objections
and appeals
ZTA 12-11 as introduced, currently pending before the Council,
would allow some accessory apartments to be approved without a
special exception. All accessory apartments require a license. The
current licensing process does not require any notice, specific
standards, or an opportunity for objections or appeals.
This Bill would establish a process for accessory apartment licenses
including noticing, standards for issuance and renewal, objections
and appeals
DHCA, MNCPPC, BOA, OZHA
To be requested.
To be requested.
To be requested.
To be researched.
Jeffrey Zyontz, (240) 777-7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A violation
@
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NI)rJ
cc
~F
1...:.....
071132
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
Jennifer
A.
Hughes
02­
County Executive
Director
MEMORANDUM
December 12, 2012
TO:
FROM:
Nancy Navarro, President County Council
Jennifer A. Hughes, Director,
Joseph F. Beach, Director,
De~aU~;
of Finance
~Management
and Budget
~
SUBJECT:
Council Bill 31-12, Accessory Apartments - Licensing
Please find attached the fiscal and economic impact statements for the above-referenced
legislation.
JAH:a2a
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department ofFinance
\~Fii
Richard Y. Nelson, Director, Department of Housing and Community Affairs
; -Xn
'f1-:
fl1
Luann Korona, Department of Housing and Community Affairs
::;;0 ­
i-«
Jay Greene, Department of Housing and Community Affairs
; ':nrl
Time Goetzinger, Department ofHousing and Community Affairs
00
c:
. Jennifer Bryant, Office of Management and Budget
~;r::
-\
Ayo Apollon, Office of Management and Budget
-<
.
Office of the Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 •
240-777~2800
www.montgomerycountymd.gov
montgomerycountymd.gov/311
ilijiiiifljli,iilJ
240-773-3556 TTY
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Fiscal Impact Statement
Council
Bill 31-12,
Accessory Apartments - Licensing
1.
Legislative Summary.
Bill 31-12 establishes a process for accessory apartment licensing including: notices,
standards for issuance and renewal, objections and appeals.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of infonnation, assumptions, and methodologies used.
Operating expenses for accessory apartment licensing are not proj ected to increase. Any
additional workload impact resulting from Bill 31-12 is projected to be absorbed by the
current staff complement assuming no significant increase in accessory apartment
applications.
Infonnation provided by the Department of Housing and Community Development
(DHCA) Licensing and Registration section, states that there are currently 405 licensed
accessory apartments for rent in Montgomery County. Approximately half of these units
are located in Takoma Park (205) in which Takoma Park collects the licensing fee.
In
the
past twelve months, there were twenty-two new applications, nearly all of which were for
non-Takoma Park properties. The current fee for an accessory apartment license is $38.
Current revenue assumptions are $7,600 per year (200 x $38).
Currently the average cost of obtaining a special exception and accessory apartment
license is $665. This cost is comprised of the following components:
• Filing Fee - $295
• Sign Fee - $220 ($100
+
$110 deposit, returned when the sign is returned)
• DPS Annual Administration Fee - $112 (This amount goes to Board of Appeals)
• DHCA Annual Rental License - $38
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
This Bill is not likely to result in the need for additional staffing; therefore, there is no
projection in increased expenditures. DHCA revenue is projected to be ($7,600 per year
+
(20 new apps x 6 years x $38
=
$4,560», $12,160 of revenue is projected over the next
six fiscal years.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
@
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4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
None
5. Later actions that·may affect future revenue and expenditures ifthe bill authorizes future
spending.
Not Applicable
6.
An
estimate ofthe stafftime needed to implement the bilL
The greatest impact would be in DHCA's responsibility to review the initial application
and make a recommendation to the Director, which is a new business practice. There
will be a minor secondary impact on staff time associated with the requirement to
maintain a public list and map showing each Class 3 license, which is also a new business
practice; however, it is not anticipated to result in a substantial time commitment. There
will be some incremental additional staff time required to implement a regular three to
five year code enforcement inspection program for accessory apartments.
7.
An
explanation of how the addition ofnew staff responsibilities would affect other duties.
Given the historic trend of approximately twenty new applications per year, there would
be minimal affect on DHCA staff's other duties.
8.
An
estimate of costs when an additional appropriation is needed.
Not Applicable
9. A description of any variable that could affect revenue and cost estimates.
Given the pUblicity and ease of obtaining an accessory apartment license created by Bill
31-12, DHCA anticipates an initial increase in applications after Bill 31-12 is enacted.
The potential increase in applications represents a variable that is difficult to project.
However,
if
the amount of new applications increase significantly and continues to
increase above the current projections (20 applications per year) by DHCA on an annual
basis; 1.0 FTE may be required to fulfill the administrative requirements promulgated
under Bil131-12.
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10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable
11.
If
a bill is likely to have no fiscal impact, why that is the case.
Not Applicable
12. Other fiscal impacts or comments.
None
13. The following contributed to and concurred with this analysis: (Enter name and
department).
Richard
Y.
Nelson, Director, DHCA
Luann Korona, Chief, Division of Community Development, DHCA
Jay Greene, Division of Housing, DHCA
Cynthia Gaffuey, Manager, Licensing and Registration Section, DHCA
Tim
Goetzinger, Budget and Finance Manager, DHCA
Jennifer Bryant, Sr. Management and Budget Specialist, OMB
Date
l.
2[l'?{
l2-­
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Economic Impact Statement
COlll1cil Bill 31-12, Accessory Apartments - Licensing
Background:
Bill 31-12 establishes a Class 3 single-family accessory apartment license, which
is required for every single-family home with an accessory apartment but no
special exception. The bill also provides procedures to deal with objections by the
homeowner who is not allowed a license, and by other aggrieved parties who
believe the license should not be granted.
1. The sources of infonnation, assumptions, and methodologies used.
This bill has no economic impact. (See #4 below)
2. A description of any variable that could affect economic impact statements.
This bill
has
no economic impact. (See #4 below)
3. The bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property value in the County.
This bill has no economic impact. (See #4 below)
4.
If
a bill is likely to have no economic impact, why is that the case?
This bill has no economic impact because it applies to the use of property only at a
homeowner's principal residence, and has no commercial application.
5. The following contributed to and concurred with this analysis: David Platt and Mike
Coveyou, Finance.
@
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AGENDA ITEM #8A
February 5, 2013
Action
MEMORANDUM
February 1,2013
TO:
FROM:
SUBJECT:
County Council
Jeffrey L.
zyontl:
~islative
Attorney
Action:
Bill 31-12, Accessory Apartments - Licensing
The Zoning Text Amendment (ZTA) 12-11 would allow accessory apartments under certain conditions
without a special exception. The Planning, Housing, and Economic Development Committee after
worksessions on October 8, October 22, and November 5,2012, recommended Bill 31-12 and amending
ZTA 12-11 to simplify and speed the review of most accessory apartments.
On November 5, 2012, the Committee endorsed the provisions of Bill 31-12 to create a separate
licensing process for accessory apartments in combination with its recommendations on ZTA 12-11.1
Bill 31-12 sponsored by the Planning, Housing, and Economic Development Committee, was introduced
on November 13, 2012.
The Council held a public hearing on Bill 31-12 on December 4, 2012.
The Council reviewed the
2
issues raised in the testimony at its worksession on January 15,2013. The straw votes by the Council
indicated support for 3 changes to the Bill:
1)
2)
3)
Allow the Department of Housing and Community Affairs Director to determine the details of a
sign an applicant must post on their property;
Make provisions for the transferability of an accessory apartment license; and
Establish an effective date of May 20,2013.
After the meeting, Committee members agreed with an amendment to use the date of acceptance of a license application by
DHCA to determine subsequent deadlines. As introduced, Bill 31-12 uses the date of filing a license application to determine
subsequent deadlines.
2
The memorandum that was used by the Council is attached to that staff report for item #6(B) on Council's February 5, 2013
agenda.
I
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Issues that resulted in straw vote revisions
Is a sign sufficient notice of an accessory apartment license application without a mailed notice to
neighbors?
The Bill as introduced would require the posting of a sign on the site of an accessory apartment
application. One municipality has requested a requirement for a mailed notice to the municipalities.
Bill 31-12 as introduced would not require a mailed notice to anyone. Currently, building permits are
required to be posted on a site (without sign requirements). Special Exception applicants are required to
post a sign and mail notice. Bill 31-12, by requiring a sign with the same specifications as a sign for a
special exception application, would require more notice than a building permit but less notice than a
special exception. In the opinion of the Committee majority, a sign notice would be sufficient. (The
DHCA Director indicated that DHCA staff will provide signs, just like the Board of Appeals staff
provides for special exceptions.) Councilmember EIrich recommended requiring a mailed notice to
adjoining and confronting property owners, the local civic association, and the municipality ofthe site, if
any.
After considering the testimony and the provisions of Bill 31-12 as introduced, the Council indicated
satisfaction with notice by a posted sign but thought the detailed provision for the sign's specification
were best left up to the Department of Housing and Community Development Director. The attached
revised Bill deleted the sign specification and added:
The sign provided by the Director must remain in place on the lot for a period of time and
in a location determined by the Director. (lines 93-95, ©5)
When a property with a licensed accessory apartment is sold, what are the obligations of the new
owner?
A new owner of an accessory apartment must notify DHCA of the change in ownership. The current
obligations of a new owner of an accessory apartment do not include a requirement to apply for the
transfer or pay a fee for the transfer:
Sec. 29-24. Transferability.
(a) If an applicant for or the holder of a license transfers ownership or no longer is an agent
for the licensed rental housing or changes address, the applicant or licensee must notify
the Department within 10 days of the change. The Director may reject an application or
suspend or revoke a license if the applicant or licensee does not notify the Department as
required by this subsection.
(b) Any person who takes over the operation of licensed rental housing may transfer the
license for the unexpired portion of the term for which it was issued by applying to the
Director within 15 days after taking over operation and paying a license transfer fee of at
least $5 per dwelling unit, but not exceeding $25. Nothing in this Section affects the
validity of any sale, transfer, or disposition of any interest in real estate.
This subsection
does not apply to accessory apartments. {emphases added]
(c)
Whenever the ownership of any rental housing changes hands, the transferor must notify
all tenants of the name, address and office location of the transferee. If the transferee is a
corporation, the transferor must list the name and address of the resident agent of the
transferee.
2
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A straw vote of the Council indicated support for a new provision concerning the transferability of
accessory apartment licenses. The attached revised Bill would add the following provision:
The Director may transfer an accessory apartment license to a new owner of a licensed
apartment if the new owner applies for the transfer. The conditions and fees for any
transfer are the same as the conditions and fees for a license renewaL (lines 145-148,
©7)
What is the effective date of the
Bill
and the ZTA?
The effective date of a Bill is 91 days after the Executive signs the Bill, unless a specific effective date is
noted in an uncodified section of the Bill. The effective date of a ZTA is 20 days after Council
approval, unless noted otherwise in the ZTA. If the Council approves the Bill and the ZTA, then the
effective day for both actions should be the same. A straw vote of the Council indicated support for
adding the following uncodified provision:
Effective date. This Act takes effect on May 20,2013.
This packet contains:
Bi1l31-12
Legislative Request Report
Fiscal and Economic impact statements
Circle #
1
11
12
F :\LA \.V\BlLLS\ 1231 Accessory Apartments - Licensing\F inal Action Memo Feb 5. Doc
3
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Bill No.
31-12
Concerning: Accessorv Apartments ­
licensing
Revised: Januarv 16, 2013 Draft No. _3_
Introduced:
November 13, 2012
May 13, 2014
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective:
May 20, 2013
Sunset Date: _ _ _ _ _ _ _ __
Ch. _ _, Laws of Mont. Co. _ _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Planning Housing, and Economic Development Committee
AN
ACT to:
(1)
(2)
(3)
(4)
(5)
require an accessory apartment rental license issued by the Department of Housing
and Community Affairs;
establish the standards for the issuance of an accessory apartment license;
require notice of the proposed accessory apartment;
authorize the Hearing Examiner to hear objections to the Department's findings
concerning an accessory apartment rental license; and
generally amend the law governing an accessory apartment and appeals for rental
licenses.
By amending
Montgomery County Code
Chapter 2, Administration
Sections 2-112 and 2-140
Chapter 29, Landlord-Tenant Relations
Sections 29-16,29-19, and 29-26
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
*
* *
Heading or defined term,
Added to existing law by original bill.
Deleted from existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unqffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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BILL
No. 31-12
1
Sec.
1.
Sections 2-140,29-16,29-19, and 29-26 are amended as follows:
2
3
2-140. Powers, duties and functions.
(a)
The Office of Zoning and Administrative Hearings must:
(1)
schedule and conduct public hearings on any appeal or other
matter assigned by law or by the County Council, County
Executive, or other officer or body authorized to assign matters to
a hearing examiner;
(2)
issue a subpoena, enforceable in any court with jurisdiction, when
necessary to compel the attendance of a witness or production of
a document at any hearing, and administer an oath to any witness;
(3)
allow each party in any hearing a reasonable opportunity to cross
examine each witness not called by that party on matters within
the scope ofthat witness' testimony;
(4)
forward a written report, with a recommendation for decision, to
the body that assigned the matter, including findings of fact and
conclusions of law where required or appropriate;
(5)
adopt regulations, subject to Council approval under method (2),
to govern the conduct of public hearings and other activities of
the Office.
(b)
The Office may act as an administrative office or agency designated by
the District Council, as prescribed in the Regional District Act (Article
28 of the Maryland Code).
(c)
The Office may hear, and submit a written report and recommendation
to the specified officer or body on, any:
(1)
(2)
petition to the County Council to grant, modify, or revoke a
special exception, as provided in Chapter 59;
designation by the County Council of a geographic area as a
community redevelopment area; [or]
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(3)­
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BILL No. 31-12
29
30
(3)
matter referred by the Board of Appeals under Section 2-112(b);
or
31
32
33
34
ill
objection to
~
finding made
!2y
the Director of the Department of
Housing and Community Affairs concerning an application for
an accessory apartment rental housing license under Section 29­
26.
35
36
37
38
39
40
41
(d)
When the County Executive or a designee must conduct an
administrative hearing under any law, the Executive may authorize the
Office of Zoning and Administrative Hearings to conduct the hearing or
any particular class of hearings.
29-16. Required.
(a)
The owner of a dwelling unit must obtain a rental housing license before
operating the dwelling unit as rental housing. If the owner
IS
a
42
43
44
45
46
corporation, the corporation must be qualified to do business in
Maryland under state law. Each owner must certify to the Department
the name, address and telephone number of an agent who resides in
Maryland and is qualified to accept service of process on behalf of the
owner.
(b)
The Director must issue [two] three classes of rental housing licenses.
Class 1 is a multifamily rental housing license. Class 2 is a single-family
rental housing license. Class
J.
is
license.
(c)
A Class 1 rental housing license is required for each apartment complex
and personal living quarters building, and for each multifamily dwelling
unit operated as rental housing. A Class 2 rental housing license is
required for each single-family dwelling unit operated as rental housing.
A Class
J.
license is required for each single-family residence with an
~
47
48
49
50
51
52
single-family accessory apartment
53
54
55
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Bill
No.
31-12
56
57
58
59
accessory apartment that does not have
£!
special exception approved
before {EFFECTIVE DATE}.
*
29-19. Licensing procedures.
(a)
*
*
60
61
To obtain a rental housing license, the prospective operator must apply
on a form furnished by the Director and must pay the required fee. If the
Director notifies the applicant of any violation of law within 30 days,
the Director may issue a temporary license for a period of time the
Director finds necessary to achieve compliance with all applicable laws.
62
63
64
65
66
(b)
Accessory apartment rental license.
ill
An owner of [an accessory apartment]
£!
lot or parcel in
£!
zone
that permits accessory apartments may obtain [and keep] a
license to operate an accessory apartment if [the occupancy of the
accessory apartment is limited to]:
67
68
69
70
71
72
73
[(1)
One or more individuals who live and cook together as a single
housekeeping unit and are related by:
(A)
(B)
(C)
Blood;
Marriage; or
Adoption; or
74
75
(2)
No more than 2 individuals who live and cook together as a
single housekeeping unit.]
CA)
the owner places
£!
sign provided by the Director on the lot
of the proposed accessory apartment within
~
76
77
78
79
days after
[[applying for]] the Director accepts an application license,
unless
£!
§ign
is required as part of an application for
£!
special exception. [[The sign must:
80
81
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BILL
No. 31-12
82
ill
(in
be constructed of any durable material approved
Qy
the Director;
be at least 30 inches above the ground at its lowest
level;
83
84
85
86
87
88
89
90
91
(iii) be at least 24 inches high and 36 inches wide;
(iv) have only letters and numbers that are at least
inches
l!igh;
and
1
ill
include information that an application for an
accessory apartment license was filed, the internet
address of
!!
web site to find the status of the
application, and any other facts required
Qy
the
Director.]] The sign provided by the Director must
remain in place on the lot for a period of time and in
a location determined by the Director.
92
93
94
95
96
97
98
99
100
@)
the principal dwelling on the lot or parcel required for the
proposed accessory apartment is the owner's primary
residence. Evidence of primary residence includes:
ill
(ii)
the owner's most recent Maryland income tax
return;
the owner's current Maryland driver's license, or
101
102
(iii)
the owner's real estate tax bill for the address of the
103
104
105
proposed accessory apartment; and
{Q
the Director finds that:
ill
the accessory apartment satisfies the standards for
an accessory apartment in Section
59-A-6.l9;
or
106
107
108
(ii) the accessory apartment was approved under Article
59-0
as
!!
special exception.
(S;
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BILL
No. 31-12
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
l30
l31
[[0]]
ill
Upon receipt of an application for an accessory apartment
license, the Director must:
.cAl
send
£!
.£Qpy
of the application to the Office of Zoning and
Administrative Hearings within
.2.
days after the date the
application was [[filed]] accepted by the Director;
au
!1J
inspect the lot or parcel identified in the application and
the proposed accessory apartment;
complete
£!
report on any repairs or improvements needed
to approve the application;
.em
®
issue
£!
report on all required findings within 30 days after
the date the application was [[filed]] accepted by the
Director;
post
£!
.£Qpy
of the Director's report on findings on the
internet web site identified on the applicant's
~
ill
issue or deny
£!
new license 30 days after the issuance of
the Director's report unless:
ill
£!
timely objection is filed under Section 29-26; or
(ii)
improvements to the property are required before
the license may be approved.
[[®]]
ill
The Director may renew
£!
license for an accessory
apartment at the request ofthe applicant if
(A) the applicant:
ill
attests that the number of occupants will not exceed
the requirements of Section 26-5 and there will be
no more than
132
133
l34
2.
residents
in the apartment who are
older than..lli years;
®
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BILL No. 31-12
135
136
137
138
139
Oi)
attests that one of the dwelling units on the lot or
parcel will be the primary residence of the owner;
and
(iii)
acknowledges that
121
obtaining
~
license the
applicant gives the Director the right to inspect the
lot or parcel including the accessory apartment.
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
Hill]] ill
The Director may renew
~
Class
1
license for an accessory
~
apartment that was approved as
special exception, as
~
Class
1
license if the conditions of the special exception remain in effect
and the applicant is in compliance with those conditions,
ill
The Director may transfer an accessory apartment license to a
new owner of a licensed apartment if the new owner applies for
the transfer. The conditions and fees for any transfer are the same
as the conditions and fees for a license renewal.
(ill
The Director must maintain
Class
~
public list and map showing each
~
J
license and each accessory apartment with
Class
1
license.
(c)
Where a rental building has not been completely constructed or
renovated, the Director may issue a temporary license for that part of the
building that has been completely constructed or renovated if the
landlord has:
(1)
obtained a temporary certificate of occupancy under Chapter 8;
and
(2)
complied with all other applicable laws.
However, the temporary license expires when a license to operate the
entire building is issued.
(:)
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BILL No. 31-12
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
(d)
The Director must not issue a rental housing license for a personal
living quarters building unless the applicant has submitted a satisfactory
management plan. The plan must specify who will manage the building
and explain what the manager will do to achieve acceptable levels of
safety, sanitation, and security in the building'S common areas.
(e)
Each licensee must give the Department a current address for the receipt
of mail. If the Department sends first class or certified mail to the
licensee at the designated address and the mail is returned as
undeliverable, the Department may treat the mail as having been
received.
*
29-26. Appeals and Obiections.
*
*
!ill
Any person aggrieved by a final action of the Commission rendered
under this Article may appeal to the Circuit Court [in accordance with]
under the Maryland Rules of Procedure for
[a
review of the action]
judicial review of
~
final administrative agency decision. An appeal
does not stay enforcement of the Commission's order.
{hl
Objections concerning any new accessory apartment license.
ill
The applicant for
~
~
new license for an accessory apartment may
~
object to an adverse finding of fact
Qy
the Director
Qy
filing an
objection and
request for
hearing with the Office of Zoning
and Administrative Hearings.
ill
Any other aggrieved person may file an objection and request for
~
hearing with the Office of Zoning and Administrative Hearings
~
®
objecting to any finding of fact
Qy
the Director; or
Q.
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BILL
No. 31-12
187
188
189
190
191
192
193
194
195
196
197
198
199
lli2
ill
alleging that on-street parking is inadequate when g special
exception is not required.
A request for
g
review
Qy
the Hearing Examiner must be
submitted to the Office of Zoning and Administrative Hearings
within 30 days after the date of the Director's report and must
state the basis for the objection.
(±)
The Hearing Examiner must send notice of an adjudicatory
hearing to the applicant and any aggrieved person who filed an
objection within
~
days after the objection is received and
conduct any such hearing within 20 days ofthe date the objection
is received unless the Hearing Examiner detennines that
necessary parties are unable to meet that schedule.
ill
{Q}
The Hearing Examiner may only decide the issues raised
Qy
the
objection.
The Hearing Examiner may find that on-street parking
inadequate if:
(A)
the available on-street parking for residents within 300 feet
of the proposed accessory apartment would not pennit g
resident to park on-street near his or her residence on
regular basis; and
~
IS
200
201
202
203
204
205
206
207
lli2
the proposed accessory apartment is likely to reduce the
available on-street parking within 300 feet of the proposed
accessory apartment.
208
209
210
211
ill
The Hearing Examiner may find that more than the minimum on­
site parking must be required as g condition of the license.
212
213
lID
The Hearing Examiner must issue g final decision within 30 days
after the close ofthe adiudicatory hearing.
tV-
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Bill
No.
31-12
214
215
216
217
218
219
220
m
The Director must issue or deny the license based on the final
decision of the Hearing Examiner.
[[(iii)]] (lQ) Any aggrieved
l2ill:!Y
who objected under subsection 29­
26(b) may request the Circuit Court to review the Hearing
Examiner's final decision under the Maryland Rules of Procedure.
An
appeal to the Circuit Court does not automatically stay the
Director's authority to grant
~
license.
Sec. 2.
Effective
d~te.
This Act takes effect on May 20,2013.
221
222
Approved:
Nancy Navarro, President, County Council
Date
223
Approved:
224
Isiah Leggett, County Executive
Date
225
This is a correct copy ofCouncil action.
226
Linda M. Lauer, Clerk of the Council
Date
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LEGISLATIVE REQUEST REPORT
Bill 31-12
Accessory Apartments
-
Licensing
DESCRIPTION:
This Bill establishes a process for accessory apartment licensing
including noticing, standards for issuance and renewal, objections
and appeals
ZTA 12-11 as introduced, currently pending before the Council,
would allow some accessory apartments to be approved without a
special exception. All accessory apartments require a license. The
current licensing process does not require any notice, specific
standards, or an opportunity for objections or appeals.
This Bill would establish a process for accessory apartment licenses
including noticing, standards for issuance and renewal, objections
and appeals
DHCA, MNCPPC, BOA, OZHA
To be requested.
To be requested.
To be requested.
To be researched.
Jeffrey Zyontz, (240) 777-7896
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A violation
@
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NI)rJ
cc
~F
1...:.....
071132
OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
Jennifer
A.
Hughes
02­
County Executive
Director
MEMORANDUM
December 12, 2012
TO:
FROM:
Nancy Navarro, President County Council
Jennifer A. Hughes, Director,
Joseph F. Beach, Director,
De~aU~;
of Finance
~Management
and Budget
~
SUBJECT:
Council Bill 31-12, Accessory Apartments - Licensing
Please find attached the fiscal and economic impact statements for the above-referenced
legislation.
JAH:a2a
c: Kathleen Boucher, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
Michael Coveyou, Department ofFinance
\~Fii
Richard Y. Nelson, Director, Department of Housing and Community Affairs
; -Xn
'f1-:
fl1
Luann Korona, Department of Housing and Community Affairs
::;;0 ­
i-«
Jay Greene, Department of Housing and Community Affairs
; ':nrl
Time Goetzinger, Department ofHousing and Community Affairs
00
c:
. Jennifer Bryant, Office of Management and Budget
~;r::
-\
Ayo Apollon, Office of Management and Budget
-<
.
Office of the Director
101 Monroe Street, 14th Floor • Rockville, Maryland 20850 •
240-777~2800
www.montgomerycountymd.gov
montgomerycountymd.gov/311
ilijiiiifljli,iilJ
240-773-3556 TTY
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Fiscal Impact Statement
Council
Bill 31-12,
Accessory Apartments - Licensing
1.
Legislative Summary.
Bill 31-12 establishes a process for accessory apartment licensing including: notices,
standards for issuance and renewal, objections and appeals.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of infonnation, assumptions, and methodologies used.
Operating expenses for accessory apartment licensing are not proj ected to increase. Any
additional workload impact resulting from Bill 31-12 is projected to be absorbed by the
current staff complement assuming no significant increase in accessory apartment
applications.
Infonnation provided by the Department of Housing and Community Development
(DHCA) Licensing and Registration section, states that there are currently 405 licensed
accessory apartments for rent in Montgomery County. Approximately half of these units
are located in Takoma Park (205) in which Takoma Park collects the licensing fee.
In
the
past twelve months, there were twenty-two new applications, nearly all of which were for
non-Takoma Park properties. The current fee for an accessory apartment license is $38.
Current revenue assumptions are $7,600 per year (200 x $38).
Currently the average cost of obtaining a special exception and accessory apartment
license is $665. This cost is comprised of the following components:
• Filing Fee - $295
• Sign Fee - $220 ($100
+
$110 deposit, returned when the sign is returned)
• DPS Annual Administration Fee - $112 (This amount goes to Board of Appeals)
• DHCA Annual Rental License - $38
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
This Bill is not likely to result in the need for additional staffing; therefore, there is no
projection in increased expenditures. DHCA revenue is projected to be ($7,600 per year
+
(20 new apps x 6 years x $38
=
$4,560», $12,160 of revenue is projected over the next
six fiscal years.
4. An actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
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4.
An
actuarial analysis through the entire amortization period for each bill that would affect
retiree pension or group insurance costs.
None
5. Later actions that·may affect future revenue and expenditures ifthe bill authorizes future
spending.
Not Applicable
6.
An
estimate ofthe stafftime needed to implement the bilL
The greatest impact would be in DHCA's responsibility to review the initial application
and make a recommendation to the Director, which is a new business practice. There
will be a minor secondary impact on staff time associated with the requirement to
maintain a public list and map showing each Class 3 license, which is also a new business
practice; however, it is not anticipated to result in a substantial time commitment. There
will be some incremental additional staff time required to implement a regular three to
five year code enforcement inspection program for accessory apartments.
7.
An
explanation of how the addition ofnew staff responsibilities would affect other duties.
Given the historic trend of approximately twenty new applications per year, there would
be minimal affect on DHCA staff's other duties.
8.
An
estimate of costs when an additional appropriation is needed.
Not Applicable
9. A description of any variable that could affect revenue and cost estimates.
Given the pUblicity and ease of obtaining an accessory apartment license created by Bill
31-12, DHCA anticipates an initial increase in applications after Bill 31-12 is enacted.
The potential increase in applications represents a variable that is difficult to project.
However,
if
the amount of new applications increase significantly and continues to
increase above the current projections (20 applications per year) by DHCA on an annual
basis; 1.0 FTE may be required to fulfill the administrative requirements promulgated
under Bil131-12.
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10. Ranges of revenue or expenditures that are uncertain or difficult to project.
Not Applicable
11.
If
a bill is likely to have no fiscal impact, why that is the case.
Not Applicable
12. Other fiscal impacts or comments.
None
13. The following contributed to and concurred with this analysis: (Enter name and
department).
Richard
Y.
Nelson, Director, DHCA
Luann Korona, Chief, Division of Community Development, DHCA
Jay Greene, Division of Housing, DHCA
Cynthia Gaffuey, Manager, Licensing and Registration Section, DHCA
Tim
Goetzinger, Budget and Finance Manager, DHCA
Jennifer Bryant, Sr. Management and Budget Specialist, OMB
Date
l.
2[l'?{
l2-­
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Economic Impact Statement
COlll1cil Bill 31-12, Accessory Apartments - Licensing
Background:
Bill 31-12 establishes a Class 3 single-family accessory apartment license, which
is required for every single-family home with an accessory apartment but no
special exception. The bill also provides procedures to deal with objections by the
homeowner who is not allowed a license, and by other aggrieved parties who
believe the license should not be granted.
1. The sources of infonnation, assumptions, and methodologies used.
This bill has no economic impact. (See #4 below)
2. A description of any variable that could affect economic impact statements.
This bill
has
no economic impact. (See #4 below)
3. The bill's positive or negative effect, if any on employment, spending, saving,
investment, incomes, and property value in the County.
This bill has no economic impact. (See #4 below)
4.
If
a bill is likely to have no economic impact, why is that the case?
This bill has no economic impact because it applies to the use of property only at a
homeowner's principal residence, and has no commercial application.
5. The following contributed to and concurred with this analysis: David Platt and Mike
Coveyou, Finance.
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