Agenda Item 4C
October 31, 2017
Introduction
MEM ORA NDU M
October 27, 2017
TO:
FROM:
County Council
(YJ
1
/ /
Josh Hamlin, Legislative Atto me~
SUBJECT:
Introduction:
Bill 34-17, Housi ng- Moderately Priced Dwelling Units (MPDUs)
- Amendments
Bill 34-17, Housing - Moderately Priced Dwelling Units (MPDUs) - Amendments,
sponsored by Lead Sponsor Councilmember Floreen and Co-Sponsor Council Vice-President
Riemer, is scheduled to be introduced on October 31. A public hearing is tentatively scheduled
for December 5 at 7:30 p.m.
Bill 34-17 would:
clarify certain provisions of law related to moderately priced dwelling units
(MPDUs);
amend certain provisions oflaw related to the satisfaction of MPDU requirements;
and
amend certain provisions oflaw related to the sale and rental ofMPD Us
Background
The Council enacted the County's Moderately Priced Dwelling Unit (MPDU) law in 1973
with several objectives. The law was aimed at furthering the objective of providing a full range of
housing choices for all incomes, ages and household sizes. In particular, the law imposed
requirements on the construction of affordable housing to meet the existing and anticipated needs
for low and moderate-income housing, and ensure that moderately priced housing was dispersed
throughout the County. It provided incentives to encourage the construction of moderately priced
housing by allowing optional increases in density including the MPDU density bonus to offset the
cost of construction.
The most recent substantial amendments to the MPDU law were made in 2004.
1
The 2004
amendments extended the control period for for-sale MPDUs from 10 to 30 years, and for rental
MPDUs from 20 years to 99 years. The amendments also allowed different income eligibility
1
http://www.montgome1ycountymd.gov/COUNCIL/Resources/Files/bill/2003/24-04-25-04-27-03.pdf
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standards in recognition of the higher cost of construction of certain types of housing, and
increased the number of developments required to provide MPDUs by lowering the base
requirement from any development with 35 or more units to 20 or more units. Additional
requirements and structure on the approval alternative payments made to the Housing Initiative
Fund in lieu of constructing MPDUs were also added. In 2007, the Office of Legislative Oversight
issued Report No. 2007-9, A Study of Moderately Priced Dwelling Unit Program Implementation.
2
Key components of Bill 34-17 include: clarification of existing provisions of the law;
requiring developments of less than 20 homes to make a payment to the Housing Initiative Fund;
broadening the authority of the Director of the Department of Housing and Community Affairs to
accept payments into the Housing Initiative Fund in lieu of including MPDUs in a development,
when it serves the goal of increasing the availability of affordable housing; and increasing the
flexibility of the Director in determining MPDU obligations to better serve the demands for
affordable units. A table showing the specific changes to existing law included in the Bill is at
©49-50.
This packet contains:
Bill 34-17
Legislative Request Report
Table of proposed changes to existing law
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https://www.m ontgome rycount ymd.gov /o lo/resources/fl les/2007-9-mpdu. pdf
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Bill No.
34-17
Concerning: Housing
Moderately
Priced Dwelling Units {MPDUs) -
Amendments
Revised:
10/25/2017
Draft No.
5
Introduced:
October
31, 2017
Expires:
May
1, 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ~N o= n~ e~ --- ---
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FO R MO NT GO ME R¥ COUNTY, MARYLAND
Lead Sponsor: Councilmember Floreen
AN ACT
to:
(1)
clarify
certain prov1s1ons of law related to mod
erately priced dwelling units
(MPDUs);
(2) amend certain provisions of law related to the satisfact
ion ofM PDU requirements;
(3) amend certain provisions ofla w related to the sale and
rental ofM PDU s; and
(4) generally amend the laws governing moderately priced
housing
By amending
Montgomery County Code
Chapter 25A, Housing - Moderately Priced
Sections 25A-1, 25A-2, 25A-3, 25A-4, 25A-5, 25A-5A, 25A
-5B, 25A-6, 25A-7, 25A-8,
25A-9, and 25A-12
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Hea ding or defin ed term.
Add ed to existing law by original bill.
Deleted.from existing law by original bill.
Add ed by amendment.
Deleted.from existing law or the bill by amendment.
Exis ting law unaffected by bill.
The County Council for Montgomery County, Maryland
approves the foll owi ng Act:
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BILL No.34-17
1
2
Sec
1.
Sections 25A-1, 25A-2, 25A-3, 25A-4, 25A-5, 25A
-5A, 25A-5B,
25A-6, 25A-7, 25A-8, 25A-9, and 25A-12 are amended as foll
ows:
25A-1. Legislative findings.
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4
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[The County Council hereby finds that a severe housing problem
exists within
the County with respect to the supply of housing relative to the
need for housing for
residents with low and moderate incomes. Specifically, the Cou
nty Council finds
that:
(1)
The County is expenencmg a rapid increase in residents
of or
approaching retirement age, with consequent fixed or reduced inco
mes;
young adults of modest means forming new households; gov
ernment
employees in moderate income ranges; and mercantile and
service
personnel needed to serve the expanding industrial base and pop
ulation
growth of the County;
(2)
A rising influx of residents into higher priced housing in the
County
with resultant demands for public utilities, governmental services
, and
retail and service businesses has created an increased need for
housing
for persons of low and moderate income who are employed in the
stated
capacities;
(3)
The supply of moderately priced housing was inadequate in the
mid-
1960's and has grown since then at a radically slower pace than
the
demand for such housing;
The inadequate supply of housing in the County for persons of
low and
moderate income results in large-scale commuting from outs
ide the
County to places of employment within the County, thereby ove
rtaxing
existing roads and transportation facilities, significantly contrib
uting to
air and noise pollution, and engendering greater than normal pers
onnel
turnover in the businesses, industry and public agencies of the
County,
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(
4)
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BILL
N0.34-17
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all adversely affecting the health, safety and welfare of and resu
lting in
an added financial burden on the citizens of the County;
(5)
A careful study of market demands shows that approximately one
-third
of the new labor force
in
the County for the foreseeable futu
re will
require moderately priced dwelling units;
Demographic analyses indicate that public policies which
permit
exclusively high-priced housing development discriminate
against
young families, retired and elderly persons, single adults, female
heads
of households, and minority households; and such policies prod
uce the
undesirable and unacceptable effects of exclusionary zoning,
thus
failing to implement the Montgomery County housing policy
and the
housing goal of the general plan for the County;
(7)
Experience indicates that the continuing high level of demand for
more
luxurious housing, with a higher profit potential, discourages dev
elopers
from offering a more diversified range of housing; and the producti
on of
moderately priced housing is further deterred by the high cost
of land,
materials, and labor;
(8)
Actual production experience in the County indicates that if land
costs
can be reduced, houses of more modest size and fewer amenitie
s can be
built to be sold at a profit in view of the existing ready market
for such
housing;
(9)
Every indication is that, given the proper incentive, the private sect
or is
best equipped and possesses the necessary resources and exp
ertise
required to provide the type of moderately priced housing needed
in the
County;
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(6)
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BILL
No.34-17
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(10) Rapid regional growth and a strong housing demand
have combined to
make land and construction costs very high and to have an
effect on the
used housing market by causing a rise in the prices of those
units;
(I 1) In past years efforts have been made to encourage
moderately priced
housing construction through zoning incentives permit
ting greater
density and through relaxation of some building and
subdivision
regulations. Very little moderately priced housing had resu
lted; and
(12) In some instances existing housing for persons of
low and moderate
income is substandard and overcrowded.]
.(ru
The County enacted the Moderately Priced Dwelling Unit
(MPDU) law
in 1973
-
- - -
to:
ill
ill
help meet the goal of providing
~
full range of housing choices
for all incomes, ages and household sizes;
meet the existing and anticipated need for low and mo
derate-
income housing;
ensure that that moderately priced housing is disp
ersed
throughout the County consistent with the General Plan and
area
master plans; and
encourage the construction of moderately priced housing
QY
allowing optional increases in density including the
MPDU
density bonus to offset the cost of construction.
to:
Reduce the loss of MPDUs
by
extending the control per
iod for
for-sale MPDUs from 10 years to 30 years and for rental MP
DUs
from 20 years to 99 years;
Allow different income eligibility standards in recognition
of the
higher cost of construction of ce rta in ~ of housing;
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BJ
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(hl
In 2004, the County Council amended the MPDU program
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BILL
No.34-17
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ill
Increase the number of developments required to
provide
MPDUs
QY
lowering the base requirement from any develop
ment
with 3 5 or more units to 20 or more units; and
Place additional requirements and structure on the approv
al of an
alternative payment made to the Housing Initiative Fund
in place
of providing MPDUs.
ill
(£)
In 2017, the County Council finds that:
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The availability of affordable housing continues to be
for low and moderate income households.
~
problem
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The 2015 report "The Greater Washington Region's
Housing
Needs 2023" projects that Montgomery County will need
14,960
new housing units for households earning less than 80%
of area
median income.
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ill
The 201 7 Montgomery County Rental Housing Study rep
orts that
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68% of households with incomes between 50% and 80%
of area
median income report paying more than 30% of income
for rent
and 15% report being extremely rent burdened, paying mo
re than
50% of income for rent.
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ill
The creation of income-restricted affordable housing
through
construction and preservation is critical as market rents
continue
to increase. The American Community Survey reports tha
t there
were 9,189 fewer rental units with rents between $75
0 and
$1,499 from 2010 to 2014.
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ill
MPDUs are one important element for providing
income-
restricted affordable housing. There were 681 new
MPDUs
offered for sale or rent in 2015 and 2016. As of 2017 ther
e are
about 5,300 MPDUs county-wide.
0
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BILL
No.34-17
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®
Additional density can offset the cost of constructing MP
DUs. It
is appropriate to consider different base requirements for
MPDUs
in conjunction with the approval of different densities and
heights
in master plans and sector plans.
There is unmet demand for MPDUs with two, three,
and four
bedrooms. Providing flexibility that allows MP DU agr
eements
based on floor area or square footage, rather than require
ments
based on the number of bedrooms in market rate units,
can help
to address this need.
ffi
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(ID
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Appropriate alternative payments to the Housing Initiati
ve Fun d
can, in certain circumstances, be used to create more MP
D Us in
the same Policy Area than providing the MPDUs on site.
Montgomery County is committed to its policy of pro
viding
affordable housing in all areas of the County to
provide
opportunity to households of all incomes in each Policy Are
a.
ports to
provide affordable housing to households wi th ~ low
incomes
such as those with incomes below 50% or 30% of area
median
mcome.
{2}
(lQ) MPDUs can be used in partnership with other housing
sup
25A-2. Declaration of public policy.
The County Council hereby declares it to be the public
policy of the County
to:
[(l)
Implement the Montgomery County housing policy and the
general plan
goal of providing for a full range of housing choices
, conveniently
located in a suitable living environment, for all inco
mes, ages and
family sizes;
0
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BILL
No.34-17
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(2)
Provide for low- and moderate-income housing to meet
existing and
anticipated future employment needs in the County;
Assure that moderately priced housing is dispersed within
the County
consistent with the general plan and area master plans;
Encourage the construction of moderately priced housing
by allowing
optional increases in density in order to reduce land costs
and the costs
of optional features that may be built into such moder
ately priced
housing;
Require that all subdivisions of 35 or more dwelling uni
ts include a
minimum number of moderately priced units of varyin
g sizes with
regard to family needs, and encourage subdivisions with
fewer than 35
units to do the same;
Ensure that private developers constructing moderately pric
ed dwelling
units under this Chapter incur no loss or penalty as a resu
lt thereof, and
have reasonable prospects of realizing a profit on such uni
ts by virtue of
the MP DU density bonus or public benefit provisions
of Chapter 59
and, in certain zones, the optional development standards;
and
Allow developers of residential units in qualified
projects more
flexibility to meet the broad objective of building housing
that low- and
moderate-income households can afford by letting a dev
eloper, under
specified circumstances, comply with this Chapter by con
tributing to a
County Housing Initiative Fund.)
(3)
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(4)
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(6)
(5)
(7)
ill
encourage and maintain
~
wide choice of housing
~
and
neighborhoods for people of all incomes ages, lifestyles,
and physical
capabilities at appropriate locations and densities and
to implement
policies to bridge housing affordability
rn
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BILL
No.34-17
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ill
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make housing that is affordable to low, moderate, and middle
income
households~ priority in all parts of the County;
ensure that all master plan and sector plan amendments address
the need
for housing for low, moderate, and middle income househo
lds and
promote specific strategies to meet that need including heig
ht and
density incentives and flexibility;
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implement policies that increase the long-term supply of rental
housing
affordable to low and moderate income households, particularly
in areas
that are easily accessible to transit;
require all subdivisions of 20 or more dwelling units include
~
min
imu
m
number of moderately priced units on-site, or under certain spec
ified
circumstances, provide appropriate units off-site or make
~
pay
ment to
the Housing Initiative Fund; and
ill
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allow the Department of Housing and Community Affairs
and
developers flexibility to enter into affordable housing agreeme
nts that
address the needs for housing units of different sizes and bed
room
counts to better meet the needs of low and moderate
income
households.
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25A-3. Definitions.
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The following words and phrases, as used in this Chapter, have
the following
meanmgs:
Age-restricted unit
means
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dwelling unit, the occupancy of which is
conditioned on at least one resident bein g~ certain age or older.
~
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Area median income
means the median household income
for
Montgomery County as estimated
Qy
the U.S. Department of
Housing
and Urban Development.
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BILL
No.34-17
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[(a)]
Applicant
means any person, firm, partnership, asso
ciation, joint
venture, corporation, or any other entity or combination of entities
, and
any transferee of all or part of the land at one location.
[(b )]
At one location
means all adjacent land of the applicant if:
(1)
The property lines are contiguous or nearly contiguous at any
point; or
The property lines are separated only by a public or private street,
road, highway or utility right-of-way, or other public or private
right-of-way at any point; or
(3)
The property lines are separated only by other land of the
applicant which is not subject to this Chapter at the time of any
permit, site plan, development or subdivision application by the
applicant.
[(
c)]
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(2)
Available for building development
means all land:
(1)
(2)
Owned by, or under contract to, the applicant;
Zoned for any type of residential development to which an
optional density bonus provision applies;
Which will use public water and sewerage; and
Which is already subdivided or is ready to be subdivided for
construction or development.
(3)
(4)
[(d)]
Closing costs
means statutory charges for transferring
title, fees for
obtaining necessary financing, title examination fees, title insu
rance
premiums, house location survey charges and fees for preparat
ion of
loan documents and deed of conveyance.
[(e)]
Commission
means the Housing Opportunities Com
mission of
Montgomery County.
0
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BILL
No.34-17
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[(f)]
Consumer Price Index
means the latest published version
of the
Con sum er Pric e Ind ex for All Urban Con sum ers (CPI-U)
of the U.S.
Dep artm ent of Lab or for the Wa shin gton metropolitan area
, or any
similar inde x selected by the Cou nty Executive.
[(g)]
Control period
mea ns the time an MP DU is subject to
either resale price
controls and own er occ upa ncy requirements or max imu m rent
al limits,
as pro vide d in Section 25A-9. The control peri od is 30 yea
rs for sale
units and 99 years for rental units, and begins on the date of
initial sale
or rental.
If
a sale MP DU is sold to an eligible [person]
hou seh old
within 30 years after its initial sale, and if (in the case of a
sale MP DU
that is not bou ght and resold by a government agency) the
unit was
originally offered for sale after Mar ch 1, 2002, the unit mus
t be treated
as a new sale MP DU and a new control peri od mus t beg in on
the date of
the sale.
[(h)]
Date of original sale
mea ns the date of settlement
for pur cha se of a
mod erat ely pric ed dwelling unit.
[(i)]
Date of original rental
mea ns the date the first lease agre eme nt
for a
mod erat ely pric ed dwelling unit takes effect.
[U)]
Department
mea ns the Dep artm ent of Hou sing and Com mun ity Aff
airs.
[(k)]
Director,
except as otherwise indicated, mea ns
the hea d of the
Dep artm ent of Housing and Com mun ity Affairs, or the
Director's
designee.
[(I)]
Dwelling unit
mea ns a building or part of a building that prov
ides
com plet e living facilities for one family, including at a
minimum.1
facilities for cooking, sanitation and sleeping.
[(m)]
Eligible [person] household
mea ns a [person or]
hou seh old who se
income qualifies the [person or] hou seho ld to participate in
the MP DU
®
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BILL
No.34-17
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program, and who [holds a valid certificate of
eligibility from the
Department which entitles the person or household
] is eligible to buy
[or rent] an MP DU during the priority marketing per
iod.
[(n)]
Housing Initiative Fu nd
means a fund esta
blished by the County
Executive to achieve the purposes of Section 25B-9.
[(
o)]
Low income
means levels of income wit
hin the income range for "very-
low income families" established from time to
time by the U.S.
Department of Housing and Urban Development
for the Washington
metropolitan area, under federal law, or as def
ined by executive
regulations.
[(p )]
Moderate income
means those levels of
income, established in
executive regulations, which prohibit or severely
limit the financial
ability of persons to buy or rent housing in Mo
ntgomery County.
Moderate income
levels mu st not exceed the "lo w inc
ome" limits set
QY
the U.S. Department of Housing and Urb an Devel
opment to determine
eligibility for assisted housing programs.
[(q)]
Moderately pri ced dwelling unit
or
MP DU
me
ans a
dwelling unit which
1s:
(1)
offered for sale or rent to eligible [persons] househ
olds through
the Department, and sold or rented under this Chapt
er; or
sold or rented under a government program designed
to assist the
(2)
[(r)]
construction or occupancy of housing for familie
s of low or
moderate income, and designated by the Director as
an MPDU.
Optional density bonus provision
means any increase
in density und er
Chapter 59, m a zoning classification that
allows residential
development, above the amount permitted in the
base or standard
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No.34-17
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(
c)
method of development, whether by exercise of the optional provision
s
of Chapter 59 or by any special exception or conditional use.
[(s)]
Planning Board
means the Montgomery County Planning Board.
[(t)]
Priority marketing peri od
is the period an MPDU must be offered
exclusively for sale or rent to eligible [persons] households, as provided
in Section 25A-8.
25A-4. [Income] Household income and eligibility standards.
(a)
The County Executive must set and annually revise standards of
eligibility for the MPDU program by regulation. These standards mus
t
specify moderate-income levels for varying sizes of households which
will qualify a person or household to buy or rent an MPDU. The
Executive must set different income eligibility standards for buyers and
renters. The Executive may set different income eligibility standards for
buyers and renters of higher-cost or age-restricted [housing] units, as
defined by regulation.
(b)
In establishing standards of eligibility and moderate-income levels, the
Executive must consider:
(1)
[the price established for the sale or rental of MPDUs under this
Chapter,] income levels relative to area median income; and
[the term and interest rate that applies to the financing of
MPDUs,
the estimated levels of income necessary to carry a mortgage on
anM PDU , and
family size and number of dependents.
(2)
(3)
(4)]
A person who rents an MPDU and lawfully occupies it when the unit
is
offered for sale may buy the unit, regardless of the person's income at
®
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No.34-17
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the time of sale, if the person met all eligibility stan
dards when the
person first rented the unit.
(d)
A person who rents an MPDU after meeting all elig
ibility standards
may continue to occupy the unit for the term of the
lease even if the
person ceases to meet the income eligibility standards.
A person who buys an MPDU after meeting all eligibil
retain ownership of the MPDU even if the person cea
eligibility standards during the term.
ity standards may
.{fil
ses to meet income
ill
To be eligible to buy or rent an MPDU other than an
age-restricted unit,
a person and members of that person's household mu
st not have owned
any residential property during the previous (5] five yea
rs. The Director
may waive this restriction for good cause.
25A-5. Requirement to build MPDUs; payment
to
Housing Initiative Fund;
agreements
(a)
The requirements of this Chapter to provide MPDU
s apply to any
applicant who:
(1)
submits for approval or extension of approval a prelim
inary plan
of subdivision under Chapter 50 which proposes the
development
of a total of 20 or more dwelling units at one locatio
n in one or
more subdivisions, parts of subdivisions, resubdivision
s, or stages
of development, regardless of whether any part of
the land has
been transferred to another party;
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316
(2)
submits to the Planning Board or to the Director of
Permitting
Services a plan of housing development for any
type of site
review or development approval required by law, wh
ich proposes
construction or development of 20 or more dwelling
units at one
location; or
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N0.34-17
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(3)
with respect to land in a zone not subject to subdivision approva
l
or site plan review, applies for a building permit to construct
a
total of 20 or more dwelling units at one location.
(hl
An applicant for an approval or permit identified in subsection
W
who
proposes development of fewer than 20 dwelling units is not requ
ired to
provide MPDUs, but must ma ke~ payment to the Housing Init
iative
Fund, as provided
QY
regulation.
.{£}
In calculating whether a development contains a total of 20
or more
dwelling units for the purposes of this Chapter, the develop
ment
includes all land at one location in the County available for
building
development under common ownership or control by an app
licant,
including land owned or controlled by separate corporations in
which
any stockholder or family of the stockholder owns 10 percent
or more
of the stock. An applicant must not avoid this Chapter by sub
mitting
piecemeal applications or approval requests for subdivision plat
s, site or
development plans, floating zone plans, or building permits.
Any
applicant may apply for a preliminary plan of subdivision,
site or
development plan, floating zone plan, record plat, or building perm
it for
fewer than 20 dwelling units at any time; but the applicant must
agre e
in
writing that the applicant will comply with this Chapter when
the total
number of dwelling units at one location reaches 20 or more.
[(b) ]@
Any applicant subject to subsection
W,
in order to obtain a
building permit, must submit to the Department of Permitting Serv
ices[,
with the application for a permit,] a written MPDU agreement app
roved
by the Director and the County Attorney. Each agreement mus
t require
that:
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No.34-17
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364
365
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369
(1)
a specific number of MPDUs must be constructed
on an
approved time schedule;
in subdivisions with single-family dwelling [unit subdiv
isions]
units, including townhouses, each MPDU must have 3 or
more
bedrooms; and
in subdivisions with multi-family dwelling [unit subdiv
isions]
units, the [number] ratio of efficiency [and one- bed
room]
MPDUs to total MPDUs [each] must not exceed the rati
o [that]
of market-rate efficiency [and one-bedroom] units [respec
tively]
[bear] to [the] total [number of] market-rate units
in the
subdivision.
(2)
(3)
The Director [must not] may approve an MPDU agr
eement that
[reduces the number of bedrooms required by this subsec
tion in any
MPDU] approximates the total floor area for the units
required, but
alters the bedroom mix of the units or the number of units.
[(
c
)]W
When [the]
~
development with more than 20 units
at one
location is in a zone where a density bonus is allowed; and
(
1)
is covered by a plan of subdivision;
is covered by a plan of development, site plan, or floating
zone
plan; or
reqmres a building permit to be issued for constructio
n, the
required number of [moderately priced dwelling units] MP
DUs is
a variable percentage that is not less than
~
base requiremen
t of
12.5% of the total number of dwelling units or equivalen
t floor
area at that location, not counting any workforce housing
units
built under Chapter 25B. The Council may establish
~
higher
base requirement,
!ill
to 15% of the total number of dwellin
g units
(2)
(3)
G
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No.34-17
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386
or equivalent floor area at
~
location, as par t of
~
ma ste r pla n
approval. The required num ber of MP DU s mu st
var y according
to the am oun t by wh ich the approved development
exceeds the
normal or standard density for the zon e in which
it is located.
Ch apt er 59 ma y per mit bonus densities ove r the
pre sum ed base
density wh ere MP DU s are provided. If the use of
the optional
MP DU development standards doe s not result in an
increase ove r
the bas e density, the Dir ect or mu st conclude tha t the
bas e density
cou ld not be achieved und er conventional developm
ent standards,
in wh ich case the required num ber of MP DU s mu
st not be less
tha n the 12.5% or hig her base requirement esta
blished
QY
the
Council, of the total num ber of units in the subdivisio
n. To obtain
density bonus, an applicant mu st provide at lea
st one mo re
MP DU tha n wo uld have bee n required if there wa
s no density
bonus. The am oun t of density bon us achieved in
the app rov ed
dev elo pm ent determines the percentage of total uni
ts tha t mu st be
MP DU s, as follows:
~
Achieved
Density Bonus
Zer o
MPDUs
Required
[12.5%]
Ba se requirement
Achieved
De nsi ty Bo nu s
Up to 11%
MPDUs
Re qui red
[13.6%]
Ba se plu s 1.1 %
Up to 1%
[12.6%]
Ba se plus 0.1 %
Up to 12%
[13.7%]
Ba se plu s 1.2%
Up to 2%
[12.7%]
Ba se plus 0.2 %
Up to 13%
[13.8%]
Ba se plu s 1.3%
Up to 3%
[12.8%]
Up to 14%
[13.9%]
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BILL
N0.34-17
Up to4 %
(12.9%]
Base plus 0.4%
Up to 15%
[14.0%]
Ba se plus 1.5%
Up to 5%
[13.0%]
Ba se plus 0.5%
Up to 16%
[14.1%]
Ba se plus 1.6%
Up to 6%
[13.1 %]
Ba se plus 0.6%
Up to 17%
[14.2%]
Ba se plus 1. 7%
Up to 7%
[13.2%]
Ba se plus 0.7%
Up to 18%
[14.3%]
Ba se plus 1.8%
Up to 8%
[13.3%]
Ba se plus 0.8%
Up to 19%
[14.4%]
Ba se plus 1.9%
Up to 9%
[13.4%]
Ba se plus 0.9%
Up to2 0%
[14.5%]
Ba se plus 2.0 %
Up to 10%
[13.5%]
Ba se plus 1.0%
Up to2 2%
[15.0%]
Ba se plus 2.5 %
387
388
389
390
391
392
393
394
395
[(d)] ill( l)
Notwithstanding subsection [(c
)JW,
the Director
ma y allow
fewer or no MP DU s to be built in a development wit
h more tha n
20 but fewer than 50 units at one location if:
(A)
the Planning Board, in reviewing a subdivision or site
plan
submitted by the applicant and based on the lot
size,
product type, and other elements of the pla n as sub
mitted,
finds that achieving a bonus density of 20 per cen t
or more
at that location:
®
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No.34-17
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[(A)]ill
would not allow compliance with applicable
standards
and
other regulatory
environmental
requirements[,]; or
[(B)](ii)
would significantly reduce neighborhood
~
compatibility; and
ill}
the applicant makes
payment to the Housing Initiative
Fund, as provided
.by
regulation, based on the square
footage of MPD U units that would otherwise have been
required.
(2)
If the Planning Boa rd approves a density bonus of at least 20
percent for a development which consists of 20 or more but fewer
than 50 units at one location, the num ber of [MP DU' s] MPD Us
required mus t be governed by subsection [( c)]W unless the
formula in subsection [(c) ]W would not allow the development
to have one bonus market rate unit. In that case, the Boa rd mus t
reduce the required num ber of [MP DU' s] MPD Us by one unit
and approve an additional market rate unit.
[(e
)]fg)
411
412
413
The Director may approve an MPD U agreement that:
allows an applicant to reduce the num ber of MPD Us m a
subdivision only if the agreement meets all requirements of
Section 25A-5A for an alternative payment agreement; or
allows an applicant to build the MPD Us at another location only
if the agreement meets all requirements of Section 25A-5B for an
alternative location agreement.
414
415
416
417
418
419
420
421
422
(1)
(2)
[(f)]{hl(l)
An
applicant may satisfy this Section by obtaining approval from
the Director to transfer land to the County before applying for a
building permit. [The applicant must sign a written land transfer
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No.34-17
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agreement approved by the Director and by the County Att
orney.
For the Director to consider the request and take timely acti
on, a
written notice of the applicant's intent to submit an agreem
ent
should be served upon the Director at least 90 days before
the
application for a building permit is filed. The land tran
sfer
agreement must covenant that so much of the land, design
ated in
the approved preliminary plan or site plan as land to whi
ch the
optional zoning provisions for MPDUs apply, as is necessa
ry in
order to construct the number of MPDUs required by subsec
tion
(a) will be transferred, as finished lots, to Montgomery Cou
nty or
to the County's designee before the building permit is issu
ed, so
that the County might cause MPDUs to be constructed
on the
transferred land. After the submission of suppor
ting
documentation and review and approval by the County for
the
transfer of finished lots, the County must reimburse the app
licant
for the costs the applicant actually incurred, which are dire
ctly
attributable to the finishing of the MPDU lots so transfer
red.
Reimbursable costs include but are not limited to enginee
ring
costs; clearing, grading, and paving streets, including
any
required bonds and permits; installation of curbs, gutters
and
sidewalks; sodding of public right-of-way; erection of barrica
des
and signs; installation of storm sewers and street lighting
; and
park and other open space and recreational development dire
ctly
benefiting the MPDU lots transferred. The County mu
st not
reimburse an applicant for the cost or value of the tran
sferred
lots.]
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No.34-17
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(2)
[If
an applicant transfers land to the County under this subsect
ion
and no funds have been appropriated to reimburse the applica
nt
for his finishing costs, the County may accept from the applica
nt
undeveloped land rather than finished lots, or the applicant may
transfer the finished lots to the County without requiring paymen
t
for finishing the lots.] The Director may only approve
£!
transfer
of land under this subsection after
£!
making
£!
writ
ten
determination that the value of the land transferred is at leas
t
equal to the value of the MPDUs not constructed
QY
the
applicant.
(3)
[Notwithstanding any other provisions of the subsection,
the
County may reject an election by an applicant to transfer land
to
the County in whole or in part whenever the public interest wou
ld
best be served thereby. Any rejection and the reasons for
the
rejection may be considered by the Planning Boa rd or
the
Director of Permitting Services in deciding whether to grant
the
applicant a waiver of this Chapter under Section 25A-7(b).] The
Executive must establish procedures for transferring land und
er
this subsection hy method
ill
regulation.
[(4)
Any transfer of land to the County hereunder is not subject
to
Section 1 lB-33, and any land so transferred is not property
subject to Section 1 lB-3 lA regulating the disposal of surp
lus
land. The Director may dispose of the lots in a manner that
furthers the objectives of this Chapter.]
[(g)]ill
The MP DU agreements must be signed by the applicant and
all
other parties whose signatures are required by law for the effe
ctive and
binding execution of contracts conveying real property. The agre
ements
473
474
475
®
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No.34-17
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mu st be executed in a manner that will enable them to be
recorded in the
land records of the County. If the applicant is a cor
poration, the
agreements must be signed by the principal officers of
the corporation
individually and on beh alf of the corporation. Partnership
s, associations
or corporations must not evade this Chapter thro
ugh voluntary
dissolution. The agreements may be assigned if the Cou
nty approves,
and if the assignees agree to fulfill the requirements of this
[(h)]ill
Chapter.
The Department of Permitting Services must not issue a
building
permit in any subdivision or housing development in whi
ch MP DU s are
required until the applicant submits a valid MP DU agr
eement which
applies to the entire subdivision or development. The
applicant must
also file with the first application for a building permit a
statement of all
land the applicant owns in the County that is availab
le for building
development.
In
later applications, the applicant nee
d only show
additions and deletions to the original landholdings
available for
building development.
[(i)](k)
The MP DU agreement must include the number, type,
location,
and plan for staging construction of all dwelling units
and such other
information as the Department requires to determine
the applicant's
compliance with this Chapter. The MP DU staging
plan mu st be
consistent with any applicable land use plan, subdivisio
n plan, or site
plan. The staging plan included in the MP DU agr
eement for all
dwelling units must be sequenced so that:
(1)
(2)
MP DU s are built along with or before other dwelling uni
ts;
no or few market rate dwelling units are built before any
MP DU s
are built;
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No.34-17
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523
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527
528
(3)
the pace ofM PD U production must reasonably coincide with the
construction of market rate units; and
the last building built must not contain only MPDUs.
(4)
This subsection applies to all developments, including any develop
ment
covered by multiple preliminary plans of subdivision.
[G)](l)The MPDU agreement must provide for any requirem
ent of age-
restricted units to be offered for sale to be satisfied .by
fl
paymen
t to the
Housing Initiative Fund under Section 25A-5A(b).
(m)
If
an applicant does not build the MPDUs contained in the stag
ing plan
along with or before other dwelling units, the Director of Perm
itting
Services must withhold any later building permit to that applica
nt until
the MPDUs contained in the staging plan are built.
[(k)]fu}
(
1)
The applicant must execute and record covenants assuring that:
The restrictions of this Chapter run with the land for the enti
re
period of control;
The County may create a lien to collect:
(A) that portion of the sale price of an MPDU which exceed
s
the approved resale price; and
(B)
that portion of the foreclosure sale price of an MPDU
which exceeds the approved resale price; and
(2)
(3)
The covenants will bind the applicant, any assignee, mortgagee,
or buyer, and all other parties that receive title to the property
.
These covenants must be senior to all instruments securing
permanent financing.
[(l)](Q)
An
applicant must not establish~ condominium or homeowners
'
association consisting solely ofM PDU s.
(p)
(
1)
In any purchase and sale agreement and any deed or instrument
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BILL
N0.34-17
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conveymg title to an MPDU, the grantor must clearly and
conspicuously state, and the grantee must clearly and
conspicuously acknowledge, that:
(A)
the conveyed property is [a] an MP DU and is subject to the
restrictions contained in the covenants required under this
Chapter during the control period until the restrictions are
released; and
(B)
any MP DU owner, other than an applicant, must not sell
the MP DU until:
(i)
the owner has notified the Department under
Section 25A-8 or 25A-9, as applicable, that the unit
is for sale;
(ii)
the
Department
and,
where
applicable,
the
Commission, have notified the owner that they do
not intend to buy the unit; and
(iii)
The Department has notified the owner of the unit's
maximum resale price.
(2)
Any deed or other instrument conveying title to an MP DU duri
ng
the control period must be signed by both the grantor and grantee.
When a deed or other instrument conveying title to an MP DU
is
recorded in the land records, the grantor must cause to be filed
in
the land records a notice of sale for the benefit of the County
in
the form provided by state law.
(3)
[(m)].(g}
Nothing in this Chapter prohibits an applicant from voluntar
ily
building MPDUs, as calculated under subsection [(c)]{fil,
in a
development with fewer than 20 dwelling units at one location
, and in
so doing from qualifying for an optional method of developmen
t under
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No.34-17
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557
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561
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575
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577
578
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580
581
Chapter 59. A development with fewer than 20 dwelling units whe
re an
applicant voluntarily builds MPDUs must comply with any proc
edures
and development standards that apply to a larger developmen
t under
this Chapter and Chapter 59. Sections 25A-5A, 25A-5B, and 25A
-6(b)
do not apply to an applicant who voluntarily builds [MPDU's]
MPDUs
under this subsection and in so doing qualifies for an optional met
hod of
development.
25A-5A. Alternative pay men t agreement.
(a)
The Director may approve an MPDU agreement that allo
ws an
applicant, instead of building some or all of the required num
ber of
MPDUs in the proposed subdivision, to pay to the Housing Init
iative
Fund an amount computed under subsection (b)[, only if an Alte
rnative
Review Committee composed of the Director, the Commis
sion's
Executive Director, and the Director of Park and Planning,
or their
respective designees, by majority vote finds] upo n~ finding that
:
(1) either:
(A)
an indivisible package of services and facilities available to
all residents of the proposed subdivision would cost
MPDU buyers so much that it is likely to make the
MPDUs effectively unaffordable by eligible buyers; or
(B)
[environmental constraints at a particular site would render
the building of all required MPDUs at that site
economically infeasible]
the public benefit of affordable housing throughout the County
outweighs the value of locating MPDUs in each subdivision
throughout the County; and
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No.34-17
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597
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600
601
602
603
604
605
606
(
c)
(2)
[the public benefit of additional affordable housing outweighs the
value of locating MPDUs in each subdivision throughout the
County, and] accepting the payment will further the objective of
providing a broad range of housing opportunities throughout the
County.
(b)
[Any payment to the Housing Initiative Fund under this Section
must
equal or exceed 125% of the imputed cost of land for each
unbuilt
MPDU. Except as further defined by Executive regulation, the imp
uted
land cost must be calculated as 10% (for high-rise units) or up
to 30%
(for all other housing units) of the actual sale price charged for
each
substituted unit.
If
the substituted unit will be a rental unit, the Dire
ctor
must calculate an imputed sale price under applicable regulations,
based
on the rent actually charged.] A payment under this section mus
t be
calculated as provided in method
ill
regulation.
[Any] A payment to the Housing Initiative Fund under this Section
ill
(2)
must not be used to reduce the annual County payment to the
Fund; and
may be used [only] to buy or build more MPDUs in [the sam
e
planning policy area]
~
Policy Area (as defined in the County
[Growth] Subdivision Staging Policy) [as] other than that of the
development for which the payment was made only after:
(A)
.(fil
notice is provided to the Council; and
the Council is given at least 30 days to comment.
[and must not be used to reduce the annual County paymen
t to the
Fund.]
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No.34-17
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608
609
610
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612
613
614
615
616
((d)
Any subdivision for which a payment is made under this
Section is not
eligible for any density bonus for which it would otherw
ise be eligible
under Chapter 59.)
25A-5B. Alternative location agreement.
(a)
The Director may approve an MPDU agreement tha
t allows an
applicant for development of a high-rise residential buildin
g, instead of
building some or all of the required number of MPDU
s on-site, to
provide [at least the same number of] MPDUs at another
location in the
same [planning policy area) Policy Area, only if the Directo
r finds that:
(I) the public benefit of locating MPDUs at the propos
ed alternative
location outweighs the value of locating MPDUs in
each
subdivision throughout the County; [and]
(2)
building the MPDUs at the proposed alternative location
will
further the objective of providing a broad range of hou
sing
opportunities throughout the County; and
the alternative location agreement will increase the num
ber of
MPDUs provided as~ result of the development.
617
618
619
620
621
622
623
624
625
626
ill
(b)
To satisfy the requirements of this Section, an applicant may
:
(
1)
build, or convert from non-residential use, the required num
ber of
new MPDUs at a site approved by the Director;
(2)
buy, encumber, or transfer, and rehabilitate as necessary, exis
ting
market rate housing units that meet all standards for
use as
MPDUs; or
(3)
return to MPDU use, and rehabilitate as necessary,
existing
MPDUs for which price or rent controls have expired.
627
628
629
630
631
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BILL N0.34-17
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643
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648
649
650
651
652
653
654
655
656
657
658
(
c)
Each agreement under this Section must include a schedule, bind
ing on
the applicant, for timely completion or acquisition of the
required
number ofM PDU s.
25A-6. Optional zoning provisions[; waiver of requiremen
ts].
[(a)
Optional zon ing provisions.]
The County Council, sitting as
a District
Council for the Maryland-Washington Regional District with
in the
County, to assist in providing moderately priced housing has
enacted
zoning standards in Chapter 59, establishing in certain zones
optional
density bonus provisions which increase the allowable resi
dential
density above the maximum base density of the zoning clas
sification
and permit alternative dwelling unit types other than those
allowed
under the standard method of development. Land upon whi
ch the
applicant must build MPDUs may, at the applicant's election, be
subject
to optional zoning provisions. If the applicant elects the optiona
l density
provisions, permitting the construction of an increased num
ber of
dwelling units, the requisite percentage and number of MP DU
s must
apply to the total number of dwelling units as increased by app
lication
of the optional density provisions or by the approval of
a special
exception that increases the density above the otherwise
permitted
density of the zoning classification in which the property is situ
ated.
Waiver ofrequirements.
Any applicant who presents sufficient
evidence
to the Director of Permitting Services in applying for a building
permit,
or to the Planning Board in submitting a preliminary plan of sub
division
for approval or requesting approval of a site or other developmen
t plan,
may be granted a waiver from part or all of Section 25A-5. The
waiver
must relate only to the number of MPDUs to be built, and
may be
granted only if the Director of Permitting Services or the Boa
rd, after
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BILL
No.34-17
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662
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671
672
consulting with the Department of Housing and Com
munity
Development Affairs, finds that the applicant cannot attain
the full
density of the zone because of any requirements of the zoning ordi
nance
or the administration of other laws or regulations. When any part
of the
land that dwelling units cannot be built on for physical reasons
is used
to compute permitted density, the applicant's inability to
use the
optional density bonus provisions is not in itself grounds for wai
ving the
MPDU requirements. Any waiver must be strictly constru
ed and
limited.]
25A -7. Ma xim um prices and rents.
Moderately priced dwelling units must not be sold or rented at
prices or rents
that exceed the maximum prices or rents established under this
Section.
(a)
Sales.
(I)
The sale pnc e of any MPDU, including closing costs and
brokerage fees, must not exceed an applicable maximum sale
price established from time to time by the County Executive
in
regulations adopted under method (I).
(2)
[The County Executive in issuing MP DU sale price regulatio
ns
must seek appropriate information, such as current general
market and economic conditions and the current minimum sale
prices of private market housing in the County, and must consult
with the building industry, employers, and professional and
citizen groups to obtain statistical information which may assi
st
in setting a current maximum sale price. The County Executi
ve
must, from time to time, consider changes in the income levels
of
persons of low and moderate income and their ability to buy
housing. The County Executive must also consider the extent
to
673
674
675
676
677
678
679
680
681
682
683
684
685
®
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No.34-17
686
687
688
689
690
691
692
693
694
695
696
697
698
699
which, consistent with code requirements, the cost of housing can
be reduced by the elimination of amenities, the use of cost
-
reducing building techniques and materials, and the partial
finishing of certain parts of the units.] The regulations adopted to
implement this Section must allow the Director to:
(A)
restrict those conditions of the design, construction,
pricing, or amenity package of an MPDU project that will
impose excessive mandatory homeowner or condominium
fees or other costs that reduce the affordability of the
MPDUs; and
(fil
approve an increase of
!ill
to 10% over the base sale price
of an MPDU upon
~
finding that the increase is justified to
cover the cost of~ modification of the external design of
the MPDU necessary to reduce excessive marketing
impact of the MPDU on the market rate units in the
subdivision.
700
701
702
[(3)
703
704
705
706
The County Executive must issue maximum sale pnces for
MPDUs which continue in effect until changed by late
r
regulation. The maximum sale prices must be based on the
necessary and reasonable costs required to build and market the
various kinds of MPDUs by private industry. The sale prices for
any succeeding year must be based on a new finding of cost by
the County Executive, or on the prior year's maximum MPDU
price adjusted by the percentage change in the relevant cost
elements indicated in the Consumer Price Index.
707
708
709
710
711
712
(4)
The County Executive may make interim adjustments in
maximum MPDU sale prices when sufficient changes in cost
s
B
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BILL
No.34-17
713
714
715
716
717
718
719
720
721
722
723
724
725
726
727
728
729
730
731
732
733
734
735
736
737
738
739
justify an adjustment. Any interim adjustment must be based
on
the maximum MP DU sale prices previously established, adjusted
by the percentage change in the relevant cost elements indicate
d
in the Consumer Price Index.
(5)
If the Director finds that other conditions of the design,
construction, pricing, or amenity package of an MP DU proj
ect
will lessen the ability of eligible persons to afford the MPDU
s,
the Director, under executive regulations, may restrict thos
e
conditions that will impose excessive mandatory homeowner
or
condominium fees or other costs that reduce the affordability
of
theM PDU s.
(6)
The Director may let an applicant increase the sale price of
a
MP DU when the Director, under executive regulations, finds
in
exceptional cases that a price increase is justified to cover the cost
of modifying the external design of the MPDUs when
a
modification is necessary to reduce excessive marketing imp
act
of the MPDUs on the market rate units in the subdivision. The
Director must approve the amount of any increase for this
purpose, which must not exceed 10 percent of the allowable base
price of the unit.]
(b)
Rents.
[(I)]
The rent, including surface parking but excluding utilities
when
they are paid by the tenant, for any MPDU must not exceed
a
maximum rent for the dwelling unit set by Executive regulatio
ns.
Different rents must be set for units when utility costs are paid
by
the owner and included in the rent. Different rents may be set
for
age-restricted units. Different rents also may be set for high-rise
®
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BILL
No.34-17
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762
763
764
765
766
rental units[, but those rents must not apply unless the
Director
finds that no other reasonable means is available to fina
nce the
building of all required MPDUs at a specific developmen
t).
[(2)
The County Executive, in setting the maximum ren
t, must
consider the current cost of building MPDUs, available
interest
rates and debt service for permanent financing, curren
t market
rates of return or investments in residential rental pro
perties,
operating costs, vacancy rates of comparable properties, the
value
of the MP DU at the end of the control period, and any
other
relevant information. The County Executive must consult
with
the rental industry, employers and professional and citizen
groups
to obtain statistical information and current general ma
rket and
economic conditions which may assist in setting a
current
maximum rent. The County Executive must consider the
extent
to which, consistent with County codes and housing stan
dards,
the cost of rental housing can be reduced by the eliminat
ion of
amenities. The County Executive must also consider from
time to
time changes in the income levels of persons of
low and
moderate income and their ability to rent housing.]
25A-8. Sale or rental of units.
(a)
Sale or rental to government agencies or nonprofit corpor
ations.
ill
The Department, the Commission, or any other
housing
development agency or nonprofit corporation designated
by
the
County Executive may buy or lease, for its own progra
ms or
programs administered
by
it
!ill
to 40 percent of all MPDUs
which are not sold or rented under any other federal,
state, or
local program.
®
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BILL
No.34-17
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
ill
The Department or Commission may buy or lease
!ill
to 33.3
percent of the MPDUs not sold or rented under any other fede
ral,
state, or local program.
Any other designated agency or corporation may buy or lease:
(A)
any MP DU in the first 33.3 percent that the Department or
Commission has not bought or leased; and
(ID
the remainder of the
40
percent specified in subsection
(a)( l).
ill
This option may be assigned to persons who are clients of
the
Department of Health and Hum an Services or to persons of
low
or moderate income who are eligible for assistance under
any
federal, state, or local program identified in Executive regulatio
n.
ill
The Executive must, hy regulation, adopt standards and prioritie
s
for designating nonprofit corporations under this subsect
ion.
These standards must require the corporation to demonstrate
its
ability to operate and maintain MP DU s satisfactorily on~ long
-
term basis.
ill
The Department must notify the Commission or other designa
ted
agency or corporation promptly after receiving notice from
the
applicant under subsection
Oil
of the
availability of MPDUs.
If
the Department, the Commission, or any other designated age
ncy
or corporation exercises its option,
i!
must submit to
the
applicant, within 21 calendar days after the Department noti
fies
the Commission under this subsection,
~
notice of intent
to
exercise its option for specific MPDUs covered hy this opti
on.
Any MP DU s not bought or leased under this subsection mus
t be
sold or rented only to eligible households under subsection
.(hl
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BILL
No.34-17
794
795
796
797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
815
816
817
818
819
during the priority marketing period for eligible households
to
buy or lease.
@
In exercising this option, the Department, the Commission, and
any designated agency or corporation must designate the units
.by
reference to nu mb er, ~ size and amenities of the units selected
if the designation does not result in an y~ of unit exceeding
by
more than 40 percent the total units of th at~ which are sold
or
rented under this Section, unless the applicant agrees otherwis
e.
The notice required under subsection (a)(5) must state whi
ch
MPDUs are to be offered for sale and which are to be offered for
rent, and the Department, the Commission, and any designated
agency or corporation may buy only units which are offered for
sale and may lease only units which are offered for rent. The
Department, the Commission, and any designated agency
or
corporation must decide whether
i!
will exercise its option with
in
45 days after
i!
receives the original notice.
ill
If more than one government agency or nonprofit corporation
files
~
notice of intent under subsection (a)(5) with respect to
~
particular MPDU:
(A)
.(fil
the Department prevails over any other buyer or renter;
The Commission prevails over any buyer or renter other
than the Department;
any other government agency prevails over any nonprofit
corporation;
the first government agency to file
any later agency; and
~
.(g
.(Q)
notice prevails over
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BILL
No.34-17
820
821
822
823
824
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826
827
828
829
830
831
832
833
834
835
836
837
838
839
840
841
842
843
844
845
846
ill)
the first nonprofit corporation to file
any later corporation.
~
notice prevails over
.(fil
Any unit purchased under this subsection that is offered for sale
within five years after initial purchase must first be offered for
sale at the initial purchase price to the Department in accordance
with Executive regulation.
(hl
Sale or rental to general public.
(1)
Every moderately priced dwelling unit required under this
Chapter must be offered to the general public for sale or rental to
a good-faith purchaser or renter to be used for his or her own
residence, except units sold or rented under subsection
W
or
offered for sale or rent with the assistance of, and subject to the
conditions of, a subsidy under a federal, state or local government
program, identified in regulations adopted [by the County
Executive] under method (1).1 whose purpose is to provide
housing for persons of low or moderate income.
(2)
Before offering any moderately priced dwelling units, the
applicant must notify the Department of the proposed offering
and the date on which the applicant will be ready to begin the
marketing to eligible [persons] households. The notice must set
forth the number of units offered, the bedroom mix, the floor area
for each unit type, a description of the amenities offered in each
unit and a statement of the availability of each unit for sale or
rent, including information regarding any mortgage financing
available to buyers of the designated unit. The applicant must
also give the Department a vicinity map of the offering, a copy of
the approved development, subdivision or site plan, as
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BILL
No.34-17
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848
849
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851
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855
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858
859
860
861
862
863
864
865
866
867
868
869
870
871
872
appropriate, and such other information or documents as the
Director finds necessary. The Department mus t maintain a list of
eligible households [persons of moderate income and], in
accordance with procedures established by the County Executive,
mus t notify eligible [persons] households of the offering.
(3)
Afte r receiving the complete offering notice, the Department
mus t notify the Commission of the offering.
[If
the Department
finds that the offering notice is complete, it must decide whether
the offering of the units to eligible persons will be administered
by lottery or by another method that will assure eligible persons
an equitable opportunity to buy or rent a MPDU.) The
Department mus t notify the applicant of the method
QY
which the
MPD Us will be offered and whe n the 90-day priority marketing
period for the MPD Us may begin.
(4)
The Executive may by regulation establish a buy er and renter
selection system which considers household size, County
residency, employment in the County, and length of time since
the person was certified for the MPD U program. Eac h eligible
[person] household mus t be notified of the availability of any
MPD U which would mee t that person's housing needs, and be
given an opportunity to buy or rent an MPD U during the priority
marketing period in the order of that person's selection priority
ranking.
(5)
The priority marketing period for new units ends not less than 90
days after the initial offering date approved by the Department.
The priority marketing period for resold or rerented units ends
not less than 60 days after the Department notifies the seller of
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BILL
No.34-17
874
875
876
877
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886
887
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889
890
891
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893
894
895
896
897
898
899
900
the approved resale price or vacancy of the rental unit. The
Department may extend a priority marketing period when eligible
[persons] households are interested in buying or renting a unit.
(6)
Moderately priced dwelling units, except those built, sold, or
rented under a federal, state, or local program designated by
regulation, must not be offered for rent by an applicant during the
priority marketing period, except in proportion to the market rate
rental units in that subdivision as follows:
(A)
In a subdivision containing only single-family dwellings,
the proportion of rental MPDUs must not exceed the
proportion of market rate rental units to all market rate
units.
(B)
In a subdivision containing both single-family and
multiple-family dwellings, the proportion of rental single-
family MPDUs to all one-family MPDUs must not exceed
the proportion of market rate rental single-family units to
all market rate single-family units; and the proportion of
rental multiple-family MPDUs to all multiple-family
MPDUs must not exceed the proportion of market rate
rental multiple-family units to all market rate multiple-
family units.
(C)
The Director may allow an applicant to offer a higher
proportion of multiple-family MPDUs for rent in a
subdivision if the Director finds that:
(i)
offering more rental MPDUs m that subdivision
would advance the purpose of the County housing
policy and the objectives of any applicable land use
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BILL
No.34-17
901
902
903
904
905
906
907
908
909
910
plan, be consistent with local housing market
conditions, and avoid excessive mandatory
condominium or homeowners' association fees or
other costs that would reduce the affordability of
sale MPDUs; and
(ii)
the applicant has demonstrated that his qualified to
manage rental housing [and has submitted an
effective management plan for the rental units in
that subdivision].
Applicants must make a good-faith effort to enter into contracts
with eligible [persons] households during the priority marketing
period and for an additional period necessary to negotiate with
eligible [persons] households who indicate a desire to buy or rent
an MPDU during that period.
(7)
Every buyer or renter of an MPDU must occupy the unit as his or
her primary residence during the control period. Each buyer and
renter must certify before taking occupancy that he or she will
occupy the unit as his or her primary residence during the control
period. The Director may require an owner who does not occupy
the unit as his or her primary residence to offer the unit for resale
to an eligible [person] household under the resale provisions of
Section 25A-9.
(8)
An
owner of an MPDU, except the Commission or a housing
agency or nonprofit corporation designated by the Director, must
911
912
913
914
915
916
917
918
919
920
921
922
923
924
925
926
927
not rent the unit to another party unless the Director finds
sufficient cause to allow temporary rental of the unit under
applicable regulations, which may include maximum rental
®
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BILL
No.34-17
928
929
930
931
932
933
934
935
936
937
938
939
940
941
942
943
944
945
946
947
948
949
950
951
952
953
[Any MPDU owner who is allowed to rent a unit
temporarily must agree to amend the applicable MPDU
covenants to extend the control period for a time equal to the
temporary rental period.]
(9)
Any rent obtained for an MPDU that is rented without the
Director's authorization must be paid into the Housing Initiative
Fund by the owner within 90 days after the Director notifies the
owner of the rental violation. Any amount unpaid after 90 days is
grounds for a lien against the unit[,l. [and the] The Director may
obtain a judgment and record the lien or may reduce the resale
price of the MPDU or pursue other remedies provided .hy law.
(10)
An
applicant must not sell or lease any [unit] MPDU without first
[obtaining a certificate of] verifying the eligibility [from] of the
prospective buyer or lessee. A copy of each certificate must be
furnished to the Department and maintained on file by the
Before the sale by an applicant or by the
Commission or a designated housing agency or nonprofit
corporation to any buyer of any MPDU who does not possess a
certificate of eligibility, the applicant, the
Com miss ion, or
the
agency or corporation must ask the Department whether the
certificates on file show that the proposed buyer had previously
bought another MPDU. A person must not buy a second MPDU
unless no first-time buyer is qualified to buy that unit.
Director may waive this restriction for good cause.
The
Department.
levels.
( 11)
If
an MPDU owner dies, at least one heir, legatee, or other person
taking title by will or by operation of law must occupy the
®
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BILL
No.34-17
954
955
956
957
958
959
960
961
962
963
964
965
966
967
968
969
970
971
972
973
974
975
976
977
978
979
980
MPD U during the control period under this Section, or the owner
of record must sell the MPD U as provided in Section 25A-9.
[(b)
Sale or rental to government agencies or nonprofit corporations.
(1)
In view of the critical, long-term public need for housing for
families of low and moderate income, the Department, the
Commission, or any other housing development agency or
nonprofit corporation designated by the County Executive may
buy or lease, for its own programs or programs administered by
it, up to 40 percent of all MPDUs which are not sold or rented
under any other federal, state, or local program. The Department
or Commission may buy or lease up to 33 percent of the MPDUs
not sold or rented under any other federal, state, or local program.
Any other designated agency or corporation may buy or lease (A)
any MPD U in the first 33 percent that HOC has not bought or
leased, and (B) the remainder of the 40 percent. This option may
be assigned to persons of low or moderate income who are
eligible for assistance under any federal, state, or local program
identified in regulations adopted by the Executive. The Executive
must, by regulation, adopt standards and priorities for designating
nonprofit corporations under this subsection. These standards
must require the corporation to demonstrate its ability to operate
and maintain MPDUs satisfactorily on a long-term basis.
(2)
The Department must notify the Commission or other designated
agency or corporation promptly after receiving notice from the
applicant under subsection (a) of the availability of MPDUs.
If
the Department, the Commission, or any other designated agency
or corporation exercises its option, it must submit to the
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BILL
N0.34-17
981
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983
984
985
986
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992
993
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1000
1001
1002
1003
1004
1005
1006
applicant, within 21 calendar days after the Department notifies
the Commission under subsection (b ), a notice of intent to
exercise its option for specific MPD Us covered by this option.
Any MPD Us not bought or leased und er this subsection mus t be
sold or rented only to eligible persons under subsection (b) during
the priority marketing period for eligible persons to buy or lease.
(3)
In exercising this option, the Department, the Commission, and
any designated agency or corporation mus t designate the units by
reference to number, type, size and amenities of the units selected
if the designation does not result in any type of unit exceeding by
more than 40 percent the total units of that type which are sold or
rented under this Section, unless the applicant agrees otherwise.
The notice required under subsection (b )(2) mus t state which
MPD Us are to be offered for sale and which are to be offered for
rent, and the Department, the Commission, and any designated
agency or corporation may buy only units which are offered for
sale and may lease only units which are offered for rent. The
Department, the Commission, and any designated agency or
corporation mus t decide whether it will exercise its option within
45 days after it receives the original notice.
(4)
If more than one government agency or nonprofit corporation
files a notice of intent under subsection (b)(2) with respect to a
particular MPDU:
(A)
(B)
the Department prevails over any other buyer or renter;
The Commission prevails over any buyer or renter other
than the Department;
0
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BILL
No.34-17
1007
1008
1009
1010
1011
1012
1013
1014
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
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1029
1030
1031
1032
1033
(C)
any other government agency prevails over any nonprofit
corporation;
the first government agency to file a notice prevails over
any later agency; and
the first nonprofit corporation to file a notice prevails over
any later corporation.]
(D)
(E)
25A-9. Control of rents and resale prices; foreclosures.
(a)
Resale pric e and terms.
Except for foreclosure proceedings, any
MP DU
constructed or offered for sale or rent under this Chapter mus
t not be
resold or refinanced during the control period for a price greater
than the
original selling price plus:
(1)
percentage of the unit's original selling price equal to the
increase in the cost of living since the unit was first sold,
as
determined by the Consumer Price Index;
(2)
[The fair market value of] an allowance for improvements mad
e
to the unit between the date of original sale and the date of resa
le;
[An]
an allowance for closing costs which were not paid by
the
initial seller, but which will be paid by the initial buyer for the
benefit of the later buyer; and
[A]
~
(3)
(4)
[A] ~ reasonable sales commission if the unit is not sold duri
ng
the priority marketing period to an eligible [person] househo
ld
from the Department's eligibility list.
In determining the amount of the allowance for improvemen
ts under
paragraph
Q1
the Director may disallow the value of improve
ments
determined to be unnecessary for the maintenance and upkeep
of the
unit. The resale price of an MP DU may be reduced if the
physical
condition of the unit reflects abnormal wear and tear because of
neglect,
G
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BILL
No.34-17
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
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1049
1050
1051
1052
1053
1054
1055
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1057
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1059
1060
abuse, or insufficient maintenance. Any personal property transferred
in connection with the resale of an MPD U must be sold at its fair market
value. [In calculating the allowable resale price of an MPD U whi
ch
was originally offered for rent, the Department must estimate the pric
e
for which the unit would have been sold if the unit had been offered for
sale when it was first rented.] The Executive must establish procedur
es
for calculating the allowable resale price of an MPD U under this
subsection
by
method
ill
regulation.
(b)
Resa le requirements during the control period.
(1)
Any MPD U offered for resale during the control period must first
be offered exclusively for 60 days to the Department and the
Commission, in that order. The Department or the Commission
may buy a unit when funds are available. The Department may
buy a unit when the Director finds that the Department's or a
designated agency or corporation's buying and reselling the unit
will increase opportunities for eligible [persons] households to
buy the unit. If the Department or the Commission does not buy
the unit, the Department must notify eligible [persons]
households of the availability of a resale MPDU. The unit may be
sold through either of the following methods:
(A)
The Department may [by lottery] establish a priority order
under which eligible [persons] households who express
interest in buying the unit may buy it at the approved
resale price.
(B)
The Department may notify the MPD U owner that the
owner may sell the unit directly to any eligible [person]
household under the resale provisions of this Chapter.
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No.34-17
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1086
(c)
(2)
A resale MP DU may be offered for sale to the general pub
lic
only after:
(A)
(B)
the priority marketing period expires; and
all eligible [persons] households who express an interest in
buying it have been given an opportunity to do so.
(3)
The Executive by regulation may adopt requirements for reselling
MPDUs. The regulations may require a seller to submit to
the
Department for approval:
(A)
a copy of the proposed sales contract, including a list and
the price of any personal property included in the sale;
a signed copy of the settlement sheet; and
an affidavit signed by the seller and buyer attesting to the
accuracy of all documents and conditions of the sale.
(B)
(C)
(4)
A transfer of an MPDU does not comply with this Chapter unti
l
all required documents and affidavits have been submitted to and
approved by the Department.
Firs t sale after control per iod ends.
(1)
If an MP DU originally offered for sale or rent after March
21,
1989, is sold or resold after its control period ends, upon the first
sale of the unit the seller must pay to the Housing Initiative Fun
d
one-half of the excess of the total resale price over the sum of
the
following:
(A)
(B)
The original selling price;
A percentage of the unit's original selling price equal to the
increase in the cost of living since the unit was first sold, as
determined by the Consumer Price Index;
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BILL
No.34-17
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
1109
1110
1111
1112
1113
(C)
[The fair market value of] An allowance for capital
improvements made to the unit between the date of
original sale and the date of resale; and
A reasonable sales commission.
(D)
The Director must adjust the amount paid into the fund in each
case so
that the seller retains at least $10,000 of the excess of the resa
le price
over the sum of the items in (A)--(D).
(2)
The Director must find that the price and terms of a sale covered
by subsection (c)( 1) are bona fide and accurately reflect the enti
re
transaction between the parties so that the full amount required
under subsection (c)( 1) is paid to the fund. When the Directo
r
finds that the amount due the fund is accurate and the Department
of Finance receives the amount due, the Department mus
t
terminate the MPDU controls and execute a release of the
restrictive covenants.
(3)
The Department and the Commission, in that order, may buy an
MPDU at any time during the control period, and may resell the
unit to an eligible [person] household. A resale by the
Department or Commission starts a new control period.
[(4)
The Commission and any partnership in which the Commission
is a general partner need not pay into the Housing Initiative Fun
d
any portion of the resale price of any MPDU that it sells.]
(d)
Initial and later rent controls.
Unless previously sold under sub
section
(c)(l), MPDUs built or offered for rent under this Chapter mus
t not be
rented for 99 years after the original rental at a rent greater than
that
established by Executive regulations. Any MPDU (other than
those
built, sold, or rented under any federal, state, or local program
offered
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BILL
No.34-17
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1125
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1127
1128
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1139
by the Commission) offered for rent during the control period must be
offered exclusively for 60 days to one or more eligible [persons
]
households, as determined by the Department, for use as that person's
residence, and to the Commission. The Commission may assign its righ
t
to rent such units to persons of low or moderate income who are eligible
for assistance under any federal, state, or local program identified in
Executive regulations.
(e)
Foreclosure or othe r court-ordered sales.
If
an MPDU is sold through
a
foreclosure or other court-ordered sale, a payment must be made to the
Housing Initiative Fund as follows:
(1)
If
the sale occurs during the control period, any amount of the
foreclosure sale price which exceeds the total of the approved
resale price under subsection (a), reasonable foreclosure costs,
and liens filed under the Maryland Contract Lien Act, must be
paid to the Housing Initiative Fund.
If
the remaining balance
under the original first deed of trust or mortgage exceeds the
resale price under subsection (a), then the difference between the
foreclosure sales price and the balance of the original first deed of
trust (plus reasonable foreclosure costs) must be paid to the Fund.
(2)
If
the sale occurs after the control period, and the unit was
originally offered for sale or rent after March 20, 1989, the
payment to the Fund must be calculated under subsection (c).
(3)
If
the MPDU is a rental unit, the resale price under subsections
(a) and (c) must be calculated [using the maximum sales price in
effect when the unit was originally offered for rent] as provided
in regulation.
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BILL
No.34-17
1140
1141
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(4)
If
the MP DU is sold subject to senior liens, the lien balances mus
be included in calculating the sale price.
t
All MP DU covenants must be released after the required pay
men t is
made into the Housing Initiative Fund.
(t)
Waivers.
The Director may waive the restrictions on the resa
le and re-
rental prices for MP DU s if the Director finds that the rest
rictions
conflict with regulations of federal or state housing program
s and thus
prevent eligible [persons] households from buying or rent
ing units
under the MP DU program.
(g)
Bul k transfers.
This section does not prohibit the bulk transfer
or sale of
all or some of the sale or rental MP DU s in a subdivision with
in 30 years
after the original rental or offering for sale if the buyer is bou
nd by all
covenants and controls on the MPDUs.
(h)
Compliance.
The County Executive must adopt regulations to
promote
compliance with this section and prevent practices that evade
controls
on rents and sales ofM PDU s.
*
25A-12. Annual report.
*
*
Eac h year by Mar ch 15 the Director mus t report to the Executi
ve and Council,
for the previous calendar year:
(a)
(b)
the num ber ofM PD Us approved and built;
each alternative pay men t agreement approved under Section 25A
-5A or
alternative location agreement approved under Section 25A-5B
, and the
location and num ber ofM PD Us that were involved in each agre
ement;
[each approval of a different rent for a high-rise rental
unit und er
Section 25A -7(b )(l) ] each land transfer completed under Sec
tion 25A-
5(h); and
(c)
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BILL
No.34-17
1167
1168
1169
(
d)
the use of all funds in the Housing Initiative Fund that were received
as
a payment under Section 25A-5A.
*
*
*
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LEGISLATIVE REQUEST REPORT
Bill 34-17
Housing- Moderately Priced Dwelling Units (MP DUs) -Amendm ents
DESCRIPTION:
The Bill would: clarify existing provisions of the law; require
developments ofless than 20 homes to make a payment to the Housing
Initiative Fund; broaden the authority of the Director of the
Department of Housing and Community Affairs to accept payments
into the Housing Initiative Fund in lieu of including MPDUs in a
development, when it serves the goal of increasing the availability of
affordable housing; and increase the flexibility of the Director in
determining MPDU obligations to better serve the demands for
affordable units.
Despite the County having a longstanding law requiring the
construction of affordable housing with new residential development,
the County's supply of affordable housing continues to lag demand.
Increase the efficiency of the existing MPDU program to increase the
availability of affordable housing and improve the process of making
it available to families who need it.
Department of Housing and Community Development
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney, 240-777-7892
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENAL TIES:
NI
A
F:\LAW\BILLS\1734 MPDU\LRR.Docx
®
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Bill 34-17: substantive revisions
to
Chapter 25A, Hous ing- Moderately Priced
Lines
62-125
155-176
180-184, 236-240,
251-253
270-287
292-294
295-297
298
312-323
340
348-352
354-357
364-371, 380-381,
Table on pp. 16-17
381-384
401-404
Description of Chan2es
416, 418-419
420-472
507-509
526-527
Revise Legislative Findings
Revise Declaration of Public Policy
Definitions: Add "age-restricted unit" and "area median income;" amend "eligible person" to be "eligib
le
household;" provide that County "moderate income" must not be less than HUD "low income"
Expressly tie MPDU eligibility to household income
Expressly provide that tenant may remain in MPDU for lease term notwithstanding change in eligibility
Expressly provide that MPDU purchaser may retain ownership notwithstanding change in eligibility
Eliminate the prohibition on residential property ownership for the prior five years
for al!e-restricted units
Require a payment to the HIF for housing developments with less than 20 units.
Delete requirement that written MPDU agreement be submitted
with the application for a permit
(it is
still
required, iust not at the time of permit application).
Delete MPDU agreement requirement that one-bedroom MPDUs not exceed the ratio of one-bedroom market
rate units
Permit the Director to approve an MPDU agreement that is based on the floor area or square footage of require
d
units, but alters the bedroom mix of units or number of units.
Add language to clarify that the Council may adjust the base requirement for MPDUs from 12.5% to 15%
as
part of a master plan approval. County-wide base requirement will remain at 12.5%.
Add requirement that to receive density bonus, applicant must provide at least one more MPDU than would
have been required if there was no density bonus.
Require that, when the Director allows fewer or no MPDUs to be built in a development with more than
20
but fewer than 50 units at one location, the applicant must make a payment to the Housing Initiative Fund,
as
provided by regulation, based on the square footage ofMPD U units that would otherwise have been require
d.
Clarify references to ~25A-5A and ~25A-5B
Modify language to allow DHCA Director to accept a land transfer if its value is equal to the value of
the
MPDU that are not constructed.
Require MPDU agreement provide for any requirement of age-restricted units to be offered for sale to
be
satisfied by a payment to the Housing Initiative Fund under Section 25A-5A(b).
Prohibit an applicant from establishing a condominium or homeowners' association consisting solely
of
MPDUs.
@)
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567-586
587-595
596-609
607-609
614-623
635-667
676-732
733-758
769-8 25,83 0,956 -
1012
775-778
822-825
852-859, 1054
1021, 1029-1032
1165-1166
Delete reference to Alternative Review Committee and provide that the Director may enter
an alternative
payment agreement upon making certain findings.
Delete Code requirements for calculating alternative payments and provide that the
payments must be
calculated as provided in method (1) regulation.
Update references to County Growth Policy and provide that payments to the HIF may
be used outside the
Policy Area for which the payment was made only after: (A) notice is provided to the Counc
il; and (B) the
Council is given at least 30 days to comment.
Delete prohibition on alternative payment agreements for developments where the applicant
receives a density
bonus.
Add requirement that acceptance of alternative payment will increase the number of MPDU
s provided as a
result of the development.
Delete prohibitions for granting a waiver of MPDU requirements - alternative payment agreem
ents must be
used when not constructing otherwise-required MPDUs.
Simplify criteria for MPDU sale price regulations
Simplify criteria for MPDU rent regulations
Flip subsections on priority offering for HOC and non-profits and public offering to clarify
that priority
offering is first.
Allow assignment of the purchase/rental option, held by certain government agenc
ies or nonprofit
corporations, to clients of the Department of Health and Human Services
Require that any unit purchased under §25A-8(a) that is offered for sale within five years after
initial purchase
first be offered for sale to the Department in accordance with Executive regulation.
Eliminate references to lottery as a method of administering MPDU offerings
Resale within control period: change permitted increase over original sale price for impro
vements made to
unit from "fair market value of improvements made" to an allowance, excluding the value
of improvements
determined to be unnecessary for the maintenance and upkeep of the unit.
Annual Report: require report to include each land transfer complete in the subject year.
®
2
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Agenda Item 4C
October 31, 2017
Introduction
MEM ORA NDU M
October 27, 2017
TO:
FROM:
County Council
(YJ
1
/ /
Josh Hamlin, Legislative Atto me~
SUBJECT:
Introduction:
Bill 34-17, Housi ng- Moderately Priced Dwelling Units (MPDUs)
- Amendments
Bill 34-17, Housing - Moderately Priced Dwelling Units (MPDUs) - Amendments,
sponsored by Lead Sponsor Councilmember Floreen and Co-Sponsor Council Vice-President
Riemer, is scheduled to be introduced on October 31. A public hearing is tentatively scheduled
for December 5 at 7:30 p.m.
Bill 34-17 would:
clarify certain provisions of law related to moderately priced dwelling units
(MPDUs);
amend certain provisions oflaw related to the satisfaction of MPDU requirements;
and
amend certain provisions oflaw related to the sale and rental ofMPD Us
Background
The Council enacted the County's Moderately Priced Dwelling Unit (MPDU) law in 1973
with several objectives. The law was aimed at furthering the objective of providing a full range of
housing choices for all incomes, ages and household sizes. In particular, the law imposed
requirements on the construction of affordable housing to meet the existing and anticipated needs
for low and moderate-income housing, and ensure that moderately priced housing was dispersed
throughout the County. It provided incentives to encourage the construction of moderately priced
housing by allowing optional increases in density including the MPDU density bonus to offset the
cost of construction.
The most recent substantial amendments to the MPDU law were made in 2004.
1
The 2004
amendments extended the control period for for-sale MPDUs from 10 to 30 years, and for rental
MPDUs from 20 years to 99 years. The amendments also allowed different income eligibility
1
http://www.montgome1ycountymd.gov/COUNCIL/Resources/Files/bill/2003/24-04-25-04-27-03.pdf
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standards in recognition of the higher cost of construction of certain types of housing, and
increased the number of developments required to provide MPDUs by lowering the base
requirement from any development with 35 or more units to 20 or more units. Additional
requirements and structure on the approval alternative payments made to the Housing Initiative
Fund in lieu of constructing MPDUs were also added. In 2007, the Office of Legislative Oversight
issued Report No. 2007-9, A Study of Moderately Priced Dwelling Unit Program Implementation.
2
Key components of Bill 34-17 include: clarification of existing provisions of the law;
requiring developments of less than 20 homes to make a payment to the Housing Initiative Fund;
broadening the authority of the Director of the Department of Housing and Community Affairs to
accept payments into the Housing Initiative Fund in lieu of including MPDUs in a development,
when it serves the goal of increasing the availability of affordable housing; and increasing the
flexibility of the Director in determining MPDU obligations to better serve the demands for
affordable units. A table showing the specific changes to existing law included in the Bill is at
©49-50.
This packet contains:
Bill 34-17
Legislative Request Report
Table of proposed changes to existing law
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1
48
49
2
https://www.m ontgome rycount ymd.gov /o lo/resources/fl les/2007-9-mpdu. pdf
2
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Bill No.
34-17
Concerning: Housing
Moderately
Priced Dwelling Units {MPDUs) -
Amendments
Revised:
10/25/2017
Draft No.
5
Introduced:
October
31, 2017
Expires:
May
1, 2019
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: ~N o= n~ e~ --- ---
Ch. _ _ , Laws of Mont. Co. _ __
COUNTY COUNCIL
FO R MO NT GO ME R¥ COUNTY, MARYLAND
Lead Sponsor: Councilmember Floreen
AN ACT
to:
(1)
clarify
certain prov1s1ons of law related to mod
erately priced dwelling units
(MPDUs);
(2) amend certain provisions of law related to the satisfact
ion ofM PDU requirements;
(3) amend certain provisions ofla w related to the sale and
rental ofM PDU s; and
(4) generally amend the laws governing moderately priced
housing
By amending
Montgomery County Code
Chapter 25A, Housing - Moderately Priced
Sections 25A-1, 25A-2, 25A-3, 25A-4, 25A-5, 25A-5A, 25A
-5B, 25A-6, 25A-7, 25A-8,
25A-9, and 25A-12
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Hea ding or defin ed term.
Add ed to existing law by original bill.
Deleted.from existing law by original bill.
Add ed by amendment.
Deleted.from existing law or the bill by amendment.
Exis ting law unaffected by bill.
The County Council for Montgomery County, Maryland
approves the foll owi ng Act: