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Registered Living Units

Owners of Single Family detached homes in Montgomery County* may be permitted to create and use a second independent dwelling unit in their home for rent free use by family members or household employees. These units must be Registered with Montgomery County Department of Housing and Community Affairs, and be in compliance with the requirements of Zoning Ordinance Chapter 59-A 6.10 of the Montgomery County Code, Housing Standards Chapter 26 of the Montgomery County Code, Executive Regulations and all applicable laws.

Registered Living Units may be used for:

Occupancy by a family member. This may include up to three people related by blood, marriage or adoption to the owner, if unit size is permitted. One of the three may be an unrelated caregiver needed to assist an elderly, ill or handicapped relative of the owner.
Occupancy by a household employee. This may include up to two people related to each other by blood, marriage or adoption, at least one of whom must be a household employee of the owner.

Registered Living Units must:

Be in an owner occupied home.

Exist only in a Single Family Detached Home.

Be subordinate to the main house.

Have at least one 7 foot party wall in common with the main house, directly dividing habitable space on both sides.

Have any separate entrance located so that the appearance of a one-family home is preserved.

Have the same address as the main house.

Contain provisions within the unit for cooking, eating, sanitation and sleeping purposes.

Be the only additional living unit on a lot or parcel (may be exceptions for agricultural zones).

Be located in the Rural, Rural Cluster, LDRC, RDT, RMH-200, RE-2, RE-2C, RE-1,

R-200, R-150, R-90, or R-60 zone or in a one-family residential area of a Rural Service, Planned Development or Town Sector zone.

Owners must:
Occupy one of the two units.

Not receive rent for the use of the RLU (note: services of household employees or expenses shared by family members are not deemed to be rent).

File a completed Affidavit of Compliance with the Department of Housing and Community Affairs.

*Note: RLU requirements as outlined in Zoning Ordinance Section 59-A-6.10 do not apply to properties within the incorporated municipalities of Barnesville, Brookeville, Gaithersburg, Laytonsville, Poolesville, Rockville and Washington Grove. You may wish to contact your local municipality for further information on requirements.

REGISTRATION PROCESS FOR CREATING A REGISTERED LIVING UNIT

To create a new RLU for rent-free use, an owner-occupant must:

Complete an Affidavit of Compliance Form in its entirety. Affidavit of Compliance forms may be obtained from the Department of Housing and Community Affairs, located at 100 Maryland Avenue, Room 260, Rockville, Maryland 20850, 240-777-3785.
Submit the completed Affidavit of Compliance, signed by the owner to the Department of Housing and Community Affairs, along with a sketch of the apartment layout (floor plan). The Department of Housing and Community Affairs will stamp & sign the Affidavit, and provide a copy to the owner.
Submit a copy of signed and stamped Affidavit, along with the floor plan to Department of Permitting Services to obtain necessary building or electrical permits. Department of Permitting Services is located at 255 Rockville Pike, 2nd Floor, Rockville, Maryland 20850, 240-777-6200.
After construction is complete and the Department of Permitting Services has assured compliance with Building Standards, you must contact the Department of Housing and Community Affairs, Code Enforcement Unit at 240-777-3600 to schedule an inspection for compliance with Housing Standards.
Once compliance with the Housing Standards is achieved, a Registration Certificate will be issued by the Department of Housing and Community Affairs, Licensing/Registration Unit for your records.
Please note, any changes in information provided on the original Affidavit of Compliance must be reported to the Department of Housing and Community Affairs, Licensing/Registration Unit immediately.

REGISTRATION PROCESS FOR EXISTING REGISTERED LIVING UNIT

To register an existing RLU for rent-free use, an owner-occupant must:

Complete an Affidavit of Compliance Form in its entirety. Affidavit of Compliance forms may be obtained from the Department of Housing and Community Affairs’ located at 100 Maryland Avenue, Room 260, Rockville, Maryland 20850, 240-777-3785.
Submit the completed Affidavit of Compliance, signed by the owner to the Department of Housing and Community Affairs, along with a sketch of the apartment layout (floor plan). The Department of Housing and Community Affairs will stamp & sign the Affidavit, and provide a copy to the owner.
The Department of Housing and Community Affairs, Code Enforcement Unit will contact you to schedule an inspection for compliance with Housing Standards.
Once compliance with the Housing Standards is achieved, a Registration Certificate will be issued by the Department of Housing and Community Affairs’ Licensing/Registration Unit for your records.
Please note, any changes in information provided on the original Affidavit of Compliance must be reported to the Department of Housing and Community Affairs, Licensing/Registration Unit immediately.

Department of Housing and Community Affairs
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