Baltimore City does not require owner-occupancy for ADU properties under Article 32. Property owners may build an ADU and rent both the primary unit and ADU to separate tenants. Maryland HB 538 (2024) explicitly prohibits local owner-occupancy requirements for ADUs. HOA and condominium covenants may still impose owner-occupancy through declarations.
Baltimore Article 32, Title 7 does not condition ADU permits on owner residency. Maryland HB 538 (2024), signed by Governor Moore, prohibits local jurisdictions from requiring that ADU owners reside on the property. This brings Maryland in line with California (AB 671) and Arizona on ADU owner-occupancy preemption. Owners may construct an ADU on rental property, sell with the ADU intact, and rent both units independently. Private restrictions remain: HOA declarations under MD Real Property Article Section 11B (Maryland Homeowners Association Act) and condominium declarations under Title 11 (Maryland Condominium Act) may impose owner-occupancy. Maryland courts uphold reasonable covenants but require clear declaration language and proper recording. Pre-2024 deed restrictions in some neighborhoods (Roland Park, Guilford) may still contain owner-occupancy clauses subject to interpretation under current state law.
No city enforcement of owner-occupancy. HOA/condo association violations result in declaration-based fines, typically $50-$500 per violation, with lien rights for unpaid assessments. Civil litigation in Maryland Circuit Court is available for declaration enforcement. State preemption under HB 538 may invalidate certain HOA restrictions enacted after October 2024.
Baltimore, MD
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