MAYBE NEXT YEAR: Starter and Silver Housing Bill Fails in Both Chambers of the Maryland General Assembly

By Joe Harkins, Co-Chair, Joint Housing Committee.

Governor Wes Moore’s far-reaching and controversial legislation, the Starter and Silver Homes bill, will not pass in this session of the Maryland General Assembly. SB 36 failed to advance in the Education, Energy and Environment Committee of the state Senate, and HB 239 failed to advance in the Economic Matters Committee of the state House of Delegates. As previously reported, if enacted, this bill would have pre-empted the fundamentals of local zoning law, such as the definition of single family houses (to include townhouses), minimum lot sizes, and current setback and height requirements.

The stated goal of the bill was to increase housing at lower cost through “densification,” as required by the state, but enforced by local governments. Generally, counties and municipalities throughout the state opposed the bill, as did Montgomery County Executive Mark Elrich, although our County Council took no formal position. House Speaker Joseline Pena-Melynk   attempted to develop a compromise bill that could pass the House and be re-introduced in the Senate. This effort continued until recently, despite each chamber having missed Crossover Day (the conventional way bills pass both bodies). The Speaker’s efforts have now ceased, although the Governor’s Office is reported to be working on another version for next year’s legislative session. The 2026 session ends April 13^th. 

Two companion bills, also seeking to increase housing in the state, appear to be advancing toward final passage. The Maryland Transit & Housing Opportunity bill, SB 389/HB 894, aims to free up state-owned land for housing near rail transit sites, potentially adding an estimated 7,000 units in Maryland. As amended, the House bill passed second reading, the step immediately prior to passage, and the Senate bill will likely advance there, too. A conference committee would need to iron out any differences between the two bills as passed. The Housing Certainty bill, SB 325/HB 548, would allow developers to lock in building permit approval for three to five years (depending on the bill version). In effect, this prevents local governments from changing permitting requirements when construction is underway. Apparently, such changes are more common in counties other than Montgomery. These bills met Crossover Day requirements and appear likely to pass in the General Assembly this session.

Your Joint Housing Committee will continue to monitor any late-breaking developments in the legislature before April 13^th. And, we likely will be reporting to residents on housing issues next year, as well.