Legislation that aims to streamline the approval process for some local affordable housing projects was unanimously passed Tuesday by the Montgomery County Council.
The bill, sponsored by council President Andrew Friedson (D-Dist. 1) and councilmember Natali Fani-González (D-Dist. 6), eliminates a requirement in county law that the Housing Opportunities Commission (HOC) must issue a public notice in specific newspapers and hold its own public hearings before beginning work on new affordable housing developments. The legislation was co-sponsored by council Vice President Kate Stewart (D-Dist. 4) and councilmembers Marilyn Balcombe (D-Dist. 2), Sidney Katz (D-Dist. 3) Gabe Albornoz (D-At-large), Laurie-Anne Sayles (D-At-large) and Dawn Luedtke (D-Dist. 7).
The HOC is a quasi-governmental agency that operates as the county’s Public Housing Authority, according to its website. It is the largest owner and operator of affordable housing in the county.
The bill memorandum argues the commission already is required to seek project approval from Montgomery Planning through a process that includes multiple opportunities for public review. The council’s legislation aimed to mirror a state bill that became law this year.
“This really is about equity and fairness, about barriers that were put in place to make it harder to build affordable housing projects in the past,” Friedson said prior to Tuesday’s vote. “[It’s about our] commitment to make sure that not only do we have housing that is accessible and attainable for the residents who need it, but that it’s dignified, that it’s safe and that it looks no different and feels no different than any other housing that we have available.”
State Del. Julie Palakovich-Carr (D-Dist. 17), who represents Rockville and Gaithersburg and chairs the Montgomery County House delegation in the Maryland General Assembly, sponsored the state bill and testified in support of the proposed county legislation during a public hearing on October 8.
“I was very concerned when I saw that in state law dating back from 1957, we have put in place additional barriers for the Housing Opportunities Commission to create affordable housing in our community,” Palakovich-Carr said during the October hearing.
Palakovich-Carr noted HOC already must hold two public hearings and an additional community meeting as part of the county planning approval process as any developer must do. She argued that a fourth hearing, which the commission is currently required to hold in addition to the previous three, is an added barrier that commercial housing developers don’t face. The additional step makes it more difficult for the commission to move forward on affordable housing, she said.
“Having a fourth public hearing really is not adding anything to the process, besides slowing things down and adding additional expense to [the] creation of affordable housing,” she said.
Ken Silverman, vice president of government affairs for the Housing Opportunities Commission, said during the October public hearing that changing the law would help with the development of affordable housing by saving money and staff time, expediting the process.
“This does not exempt HOC from all of the requirements that would be in front of any other developer developing any other project,” Silverman said. “Unlike every other developer, HOC is also a public entity, and as such, our board would continue to be subject to the [state] Open Meetings Act. Our board meetings are open to the public, live-streamed and recorded.”
“They were wrong when they were put in place. They continued to be wrong as they remained,” Friedson said. “[This legislation will] level the playing field so that there aren’t additional hurdles placed in front of affordable housing projects, which are hard enough as they are to make work.”
