Agenda Item 4B
November 14, 2017
November 9, 2017
Josh Hamlin, Legislative
Bill 38-17, Housing-Moderately Priced Dwelling Units (MPDUs)
- Requirement to Build
Bill 38-17, Housing - Moderately Priced Dwelling Units (MPDUs) - Amendments,
sponsored by Lead Sponsor Council Vice-President Riemer, is scheduled to be introduced on
November 14. A public hearing is tentatively scheduled for December 5 at 7:30 p.m.
Bill 38-17 would expressly provide in the Code that the minimum MPDU requirement
Countywide is 12.5 percent, with 15 percent required in any development in an MCPS High School
Service Area with an eligibility rate for free and reduced meals of 15 percent or less at the time
the applicant submits a preliminary plan of subdivision.
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.
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
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
http://www.montgomerycountymd.gov/CO UN CIL/Resources/Files/bill/2003 /24-04-2 5-04-27-03 .pdf