Howard County, MD Accessory Structures: ADU Owner Occupancy (2026)
Key Facts
- Attestation required
- At initial application and every renewal
- First offense fine
- $2,500
- Second offense fine
- $5,000
- Third+ offense
- Permanent rental license revocation
- Post-revocation fine
- $100 per day
- Notice point
- Given at ADU building-permit stage
Summary
Howard County property owners who add an accessory dwelling unit must swear, on the initial rental license application and every renewal, that one of the two dwellings has been and will remain their principal residence. Falsifying that affidavit or moving out entirely can cost $2,500 for a first offense, $5,000 for a second, and permanent loss of the rental license after that.
(l)Accessory Dwelling Units (ADUs) Specifically. In addition to all other applicable County Codes regulating rental housing:(1)The owner of a property improved with an ADU shall:(i)Maintain a rental license and comply with all applicable provisions of the County Code and Zoning Regulations for either the principal or accessory dwelling on the property if occupied by someone other than the property owner or a member of the property owner's immediate family; and(ii)As part of their initial rental license application and any subsequent renewal, attest in a sworn affidavit that one of the dwellings has been and will remain the principal residence of the property owner.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 91 | Zoning: Supplement 25).
Full Breakdown
Sec. 901(l)(1) requires the owner of a property improved with an ADU to maintain a rental license and comply with the County Code and Zoning Regulations for whichever dwelling, principal or accessory, is occupied by someone other than the owner or an immediate family member. As part of the initial rental license application and every subsequent renewal, the owner must attest in a sworn affidavit that one of the two dwellings has been and will remain the property owner's principal residence (Sec. 901(l)(1)(ii)). Separately, the county requires that the property owner be advised in writing of these ADU-specific requirements as part of the process of obtaining the building permit to construct the accessory dwelling unit in the first place (Sec.
901(l)(3)). This attestation duty sits inside the broader rental-licensing subtitle and is enforced through the county's civil-penalty schedule rather than through zoning code review alone, giving inspectors and the Director of Inspections, Licenses and Permits an ongoing paperwork check on owner-occupancy years after the ADU is built and occupied.
Violations & Fines
Except as to section 24.107I, a violation of Sec. 14.901(l) carries a civil penalty of $2,500 for a first offense, $5,000 for a second offense, and permanent revocation of the rental license on the property for any subsequent offense. Continuing the violation after revocation triggers a daily fine of $100 per day (Sec. 14.905(d)).
Frequently Asked Questions
What exactly must an ADU owner swear to in Howard County?
What's the fine for violating the ADU owner-occupancy rule?
When does the county first tell me about the owner-occupancy rule?
Sources & Official References
Other rules in Howard County
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