Sec. 25B-6. Administrative rules; regulations.

   The County Executive and each relevant agency may adopt regulations under method (2) necessary to administer this Chapter and to implement the County's adopted housing policy. (1982 L.M.C., ch. 45, § 1; 1984 L.M.C., ch. 24, § 28A; 1984 L.M.C., ch. 27, § 20; 1993 L.M.C., ch. 37, § 1.)

   Note-Formerly, § 25B-8; former § 25B-6 was renumbered § 25B-5, and former § 25B-7 was repealed by 1993 L.M.C., ch. 37, § 1.

Sec. 25B-7. Affordable housing feasibility study and assessment.

   (a)   Definitions. As used in this Section:

Affordable housing feasibility study means an analysis of applicable capital projects that includes an evaluation of affordable housing at a library, recreation center, police station, fire station, or any other general services building.

Applicable capital project means any proposed building project administered by the Department of General Services or the Parking Management Division of the Department of Transportation.

Department means the Department of General Services.

   (b)   Affordable housing feasibility study. For an applicable capital project, prior to the completion of facility planning, the program of requirements, site selection, or land acquisition, the Department must prepare and submit an affordable housing feasibility study to the Council.

   (c)   Contents of the feasibility study. The study must include the following:

      (1)   a description of the proposed capital project;

      (2)   outreach efforts and stakeholder input;

      (3)   proposed program of requirements, if available;

      (4)   site and environmental constraints;

      (5)   programmatic elements or efficiencies associated with colocation;

      (6)   the projected total cost for construction, including, if available, costs of colocation of affordable housing;

      (7)   a statement of whether colocation is feasible and potential impacts to the proposed capital project; and

      (8)   any other related components used for consideration to determine project feasibility.

   (d)   County Council review.

      (1)   Within 30 days after the Council receives the affordable housing feasibility study under subsection (b), the Council must:

         (A)   review the feasibility study; and

         (B)   determine by a vote whether to approve or disapprove the analysis provided in the feasibility study.

      (2)   An analysis approved by the Council under subparagraph (1)(B) permits the project to proceed in its normal course of planning, design, and construction.

      (3)   Capital project plan. If the Council disapproves of the analysis under subparagraph (1)(B) and determines that colocation of affordable housing is feasible, the Department must, within a reasonable timeframe, develop and transmit to the Council a plan where the capital project identified in the study includes colocation of affordable housing.

   (e)   Review of the capital project plan. Before appropriation in the Capital Improvements Program, the Council must review and approve the capital project plan submitted by the Department under subsection (d)(3). A plan that does not include colocation must contain a written explanation describing the circumstances as to why the requirements for colocation could not be fulfilled and the reasons for a waiver.

   (f)   Waiver. The Council may waive any requirement under this Section if the Council determines the project would:

      (1)   result in a loss of a site;

      (2)   require emergency appropriation; or

      (3)   may experience further delay not in the best interest of the public.

   (g)   Affordable housing assessment. For each applicable capital project in the Capital Improvements Program during facility planning, the Office of Management and Budget must include in or transmit with the CIP an evaluation of:

      (1)   the feasibility of including a significant amount of affordable housing in the project;

      (2)   the effect of the project on the supply of affordable housing in the immediate area;

      (3)   what capital or operating modifications, if any, would promote and maximize affordable housing in the project and the immediate area; and

      (4)   what operating budget modifications, if any, would be needed to build and maintain affordable housing in the project.

   (h)   The affordable housing evaluation submitted by OMB should discuss at least the following issues related to the capital project:

      (1)   compatibility of affordable housing with the underlying project;

      (2)   conformity of affordable housing to applicable zoning and land use plans;

      (3)   proximity to public transit, and availability of other transportation options; and

      (4)   proximity to other community services.

   (i)   In performing its analysis, OMB should consult the Department of Housing and Community Affairs, the Planning Board, the Housing Opportunities Commission, and any other County department or agency with expertise in affordable housing.

   (j)   The Council may in the capital budget resolution, and the County Executive may by Method 1 regulation, exempt from this Section a category of capital projects which by their nature do not require an affordable housing analysis. (2013 L.M.C., ch. 3, § 1; 2023 L.M.C., ch. 2, §1.)

Sec. 25B-8. Reserved.

Article II. Montgomery Housing Initiative.

Sec. 25B-9. Montgomery Housing Initiative.

   (a)   The county executive must establish the Montgomery Housing Initiative to promote a broad range of housing opportunities in the county.

   (b)   This initiative must be included in the county capital improvements program and may use appropriated funds and receipts from any source, including any balances transferred from the condominium transfer tax fund under Section 52-21(f).

   (c)   Funds allocated to this initiative may be spent to:

      (1)   Construct or acquire affordable housing units;

      (2)   Buy and rehabilitate existing rental units that would otherwise be removed from the supply of affordable housing; and

      (3)   Participate in housing or mixed-use developments that will include affordable housing.

   (d)   The Director of Housing and Community Affairs administers the initiative under regulations adopted by the County Executive under method (2). (1988 L.M.C., ch. 42, § 1; 1996 L.M.C., ch. 13, § 1.)

Article III. Closing Cost Assistance Program.

Sec. 25B-10. Establishment and purpose.

   (a)   There is a County Closing Cost Assistance Program.

   (b)   The purpose of the program is to provide financing for closing costs to eligible homebuyers who otherwise might lack the resources to purchase homes and help reverse physical decline in neighborhoods with low rates of home ownership by encouraging home ownership. (1990 L.M.C., ch. 17, § 1; 1997 L.M.C., ch. 6, § 1.)