Maryland 2025 Regular Session

Maryland House Bill HB1234 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1234
6	6
7	7	HOUSE BILL 1234
8	8	N1, C9 5lr0879
9	9
10	10	By: Montgomery County Delegation
11	11	Introduced and read first time: February 7, 2025
12	12	Assigned to: Environment and Transportation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Montgomery County – Prohibited Restrictions on Use – Accessory Dwelling 2
19	19	Units 3
20	20
21	21	MC 2–25 4
22	22
23	23	FOR the purpose of providing that certain restrictions on use that prohibit the use of real 5
24	24	property in Montgomery County for accessory dwelling units otherwise authorized 6
25	25	under law are void and unenforceable; applying this Act retroactively; and generally 7
26	26	relating to restrictions on use of real property in Montgomery County. 8
27	27
28	28	BY adding to 9
29	29	Article – Real Property 10
30	30	Section 2–126 11
31	31	Annotated Code of Maryland 12
32	32	(2023 Replacement Volume and 2024 Supplement) 13
33	33
34	34	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 14
35	35	That the Laws of Maryland read as follows: 15
36	36
37	37	Article – Real Property 16
38	38
39	39	2–126. 17
40	40
41	41	(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 18
42	42	INDICATED. 19
43	43
44	44	(2) “ACCESSORY DWELLING UN IT” MEANS A SECONDARY DW ELLING 20
45	45	UNIT ON THE SAME LOT , PARCEL, OR TRACT AS A PRIMAR Y DWELLING UNIT THAT IS 21
46	46	CONSTRUCTED : 22
47	47	2 HOUSE BILL 1234
48	48
49	49
50	50	(I) ATTACHED TO , OR THROUGH THE CONVE RSION OF, A 1
51	51	PORTION OF THE PRIMA RY DWELLING UNIT ; 2
52	52
53	53	(II) ATTACHED TO , OR THROUGH THE FULL OR PARTIAL 3
54	54	CONVERSION OF , AN ACCESSORY STRUCTU RE LOCATED ON THE SA ME LOT, PARCEL, 4
55	55	OR TRACT AS THE PRIM ARY DWELLING UNIT ; OR 5
56	56
57	57	(III) AS A NEW BUILDING , DETACHED FROM THE PR IMARY 6
58	58	DWELLING UNIT AND AN Y EXISTING ACCESSORY STRUCTURE. 7
59	59
60	60	(3) “RESTRICTION ON USE” MEANS ANY COVENANT , RESTRICTION, 8
61	61	OR CONDITION CONTAIN ED IN: 9
62	62
63	63	(I) A DEED; 10
64	64
65	65	(II) A DECLARATION ; OR 11
66	66
67	67	(III) THE BYLAWS OR RULES OF A HOMEOWNER S ASSOCIATION. 12
68	68
69	69	(B) THIS SECTION APPLIES ONLY IN MONTGOMERY COUNTY. 13
70	70
71	71	(C) A RESTRICTION ON USE T HAT PROHIBITS THE US E OF REAL PROPERTY 14
72	72	FOR ACCESSORY DWELLING UNITS OTHERWISE AUTH ORIZED UNDER LAW IS VOID 15
73	73	AND UNENFORCEABLE AS CONTRARY TO PUBLIC POLICY. 16
74	74
75	75	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to 17
76	76	apply retroactively and shall be applied to and interpreted to affect any restriction on use 18
77	77	recorded before the effective date of this Act. 19
78	78
79	79	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
80	80	October 1, 2025. 21
81	81