On March 5, 2024, Executive Director Michael Sanderson testified before the House Environment and Transportation Committee in opposition to HB 1449- Zoning- Board of Appeals Decisions or Zoning Actions- Judicial Review. This bill broadly expands individuals’ ability to seek judicial review of zoning actions.
The 2024 legislative session is being touted as “The Session of Housing.” The Governor has a three-part legislative package aimed at promoting density, renters’ rights, and securing additional federal financing for development. MACo has its own complementary housing package focused on reducing vacancies, tackling the proliferation of short-term rentals, and ensuring corporations owning residential property keep accurate contact information with the State. These are in addition to the slew of pro-housing bills that were introduced by members of both chambers. Unfortunately, HB 1449 is the antithesis of this positive momentum and will move Maryland in an anti-affordable housing direction.
If enacted, HB 1449 would dramatically expand the universe of people who can call for a judicial review of zoning actions. Ultimately, this would mean tying up development projects − including those for affordable and market-rate housing − in unnecessary and costly litigation, simply because someone in the community may have, among other things, an issue with the aesthetics. In an environment where leaders at all levels of government are taking bold action to create more affordable housing, opening the door to potentially frivolous lawsuits and unhelpful roadblocks is counterproductive.
HB 1449’s cross-file, SB 1045, was heard on March 7, 2024 in the Senate Education, Energy, and the Environment Committee. Dominic Butchko testified in opposition to this bill.
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