Essential Worker Housing Access Act

The Essential Worker Housing Access Act has been highly anticipated by community leaders, stakeholders, and advocates who have long desired for more affordable housing in Anne Arundel County, and has been a top priority for County Executive Pittman. The rally prior to the Council meeting showed enthusiastic support, drawing a crowd of approximately 200 people. This emphasized the need for this legislation to pass. 

During the public hearing, dozens of advocacy groups that represent diverse segments of the county, including Anne Arundel Affordable Housing Coalition, AFSCME, Caucus of African American Leaders, ACT, NAACP, Anne Arundel County Food Bank, and many others, gave strong and compelling testimony in support of the bill’s passage. The County Council also heard from realtors and developers who testified in opposition. After the council hearing, six amendments were introduced:

Amendment #1 - Introduced by the Administration, Clarifies the 1% fee is assessed based on the purchase price of all units in the development and not solely the purchase price of each unit (4-3, passed)

Amendment #2 - Introduced by the Administration, Clarifies that any AACPS employee is eligible to apply for a moderately priced dwelling unit; and are eligible for income requirement adjustments under certain circumstances (7-0, passed)

Amendment #3 - Introduced by the Administration, Modifies provisions for continued eligibility for rental of MPDU dwelling units (4-3, passed)

Amendment #4 - Introduced by Councilmember Pickard, amendment #4 provides that certain applications and permits are governed by the law as it existed prior to July 1, 2024 (3-4, failed)

Amendment #5 - Introduced by Councilmember Rodvien, amendment #5 increases the number of moderately priced dwelling units that a regulated development must offer for sale from 10% to 15%; and increases the authorized density bonus from 10% to 15% above the maximum permitted density for sale units (5-2, passed)

Amendment #6 - Introduced by Councilmember Rodvien, amendment #6 increases the fee in lieu of offering a moderately priced dwelling unit that certain developers must pay from 1% to 3% of the purchase price of each dwelling unit (4-3, passed)

Councilmember Rodvien withdrew amendment #7, which would have increased the household income threshold for eligibility to purchase a moderately priced dwelling unit from 100% to 110% of the median income adjusted for household size for the Baltimore Metropolitan Statistical Area.

During the public hearing on 78-23, we continued to hear from members of the community who shared their personal stories and advocated passionately for the bill’s passage. Advocacy groups such as ACT, labor unions, NAACP, and others came back and continued to express their support. 

After the public hearing closed, councilmembers discussed nine amendments that were introduced:

Amendment #8 - Introduced by Councilmember Rodvien, Requires that moderately priced dwelling units meet design standards established by the County or the Administrator; and that the design standards include minimum moderately priced dwelling unit size and standards to ensure moderately priced dwelling units are architecturally compatible and similar in general exterior appearance to market rate units. (7-0, passed)

Amendment #9 - Introduced by Councilmember Rodvien, This amendment requires that moderately priced dwelling units that are offered for sale be listed on the Realtor Multiple Listing Service. (7-0, passed)

Amendment #10 - Introduced by Councilmember Rodvien, This amendment requires that a landlord that rents moderately priced dwelling units must advertise and market the moderately priced dwelling units in the same manner as the landlord advertises and markets market rate units. (7-0, passed)

Amendment #11 - Introduced by Councilmember Pickard, This amendment requires the Moderately Priced Dwelling Unit Program Administrator to report certain information to the County Executive and County Council every 3 years. (7-0, passed)

Amendment #12 - Introduced by Councilmember Hummer, This amendment allows a regulated development that contains at least 10 single-family detached dwellings that are located in an RA, RLD, R1, R2, or R5 zoning district to pay a fee in lieu of providing moderately priced dwelling units; and reduces the fee in lieu for the Moderately Priced Dwelling Unit program from 3% to 1%. (4-3, passed)

Amendment #13 - Introduced by Councilmember Hummer, This amendment allows modification of certain bulk regulations in lieu of a variance if the bulk regulations prevent the applicant from achieving the density bonus provided for in the ordinance or the maximum allowable density for the underlying zoning district. (4-3, passed) 

Amendment #14 - Introduced by Councilmember Hummer, This amendment removes the requirement that at least one individual in an eligible household be a resident of the County or employed in the County for at least 12 months prior to filing the application to purchase or rent a moderately priced dwelling unit. (4-3, passed)

Amendment #16 - Introduced by Chair Smith, This amendment provides that the provisions of this Ordinance do not apply to development that applied for sketch plan approval, preliminary plan approval, final plan approval, or approval of a building permit on or before the date that the Ordinance is passed by the County Council. (2-5, failed)

Amendment #17 - Introduced by Councilmember Pickard, This amendment provides that certain applications and permits filed before July 1, 2024, are governed by the law as it existed prior to July 1, 2024. (4-3, passed)

Chair Smith withdrew amendment #15, which would have excluded single-family detached dwellings located in an RA, RLD, R1, R2, R10, R15, or R22 zoning district from the definition of dwelling unit; and provided that the moderately priced dwelling units program does not apply to single-family detached dwellings located in those zoning districts. 

With more amendments likely at the next meeting, Bill 78-23 will be heard again at the December 4th meeting.

The following amendments were discussed and voted on during last night’s meeting:

Amendment #18 - Introduced by the Administration, This amendment clarifies the contribution in lieu for each rental moderately priced dwelling unit to be 5% of the average annual rent for equivalent market rental units. (2-5 failed)

Amendment #19 - Introduced by Councilmember Rodvien, This amendment requires that in order for a household to purchase or rent a moderately priced dwelling unit, a member of the household must be a resident of the county or employed in the county or have accepted an offer of employment at a location in the county. (7-0 adopted)

Bill 78-23 will be heard again on December 18th.