What's with all the unzoned duplexes in MD?

Question

I have been searching around for 2-4 plexes in the DMV area (mostly Montgomery and PG Counties). Again and again I see dwelling units that look like duplexes but are not zoned for such. E.g. an R-60 in Montgomery County (see zoning allowances in Section 4.1.4. Building Types Allowed by Zone in the Agricultural, Rural Residential, and Residential Zones) with one or more dwelling units in the basement. While I would appreciate a duplex at a single family price, I do not think this is allowed.

My question, from an investing standpoint, is what if I purchase one of these properties and rent out both units (or live in one and rent the other)? Will I get in trouble? Is it my responsibility to bring these fake "duplexes" back to the zoning code they were assigned? I would like to do everything legally. What is your take, Bigger Pockets community?

Brandon C.J. Grimes · Answer

@Nicholas Gorgone My wife and I have run into the same problem. @Justin Lanciault helped my wife and I find multiple properties where there are separate dwellings either on the side of the house or in the basement like he mentioned. Those are the cards MoCo and PG county are delt; we have to play their game for now.

Justin Lanciault · Answer

They are SFH homes with rental basements (occasionally side-by-side), most are in PG though I see them in Montgomery and Howard counties as well. They are awesome from an investment standpoint! I have buyers who are under contract now on one and plan to live in the top and rent out the basement.

Russell Brazil · Answer

There are only about 50 legal multiunits (2-4) units in Montgomery County that are outside of Takoma Park. Including Takoma Park, less than 2/10ths of 1% of the entire housing stock in the county, and the County does not allow for new ones to be built.

The County does allow for accesory dwelling units under very specific circumstances. https://montgomerycountymd.gov...

2-4 unit properties are incredibly rare through the entire metro area. Where they are most plentiful is in DC proper where about 4% of the housing stock are. There they will be found most commonly in the neighborhoods of Kingman Park, Trinidad, Anacostia, Deanwood, Brentwood, Petworth.

Michael Bridgett · Answer

I have been asking around also. Recently saw a 4 bedroom SFR in Laurel (PG County) that hit the market. Two apartments in the basement, one of which is currently rented.

Essentially a triplex. 4/2, 1/1, 1/1. Each apartments had a second room for storage,

I think they were asking 375k. Numbers were amazing. Seemed too good to be true. Asked around, and called the county who advised that this area does not allow ADU's or multi-family units. Violators can shut down or face fines.

I was confused, because like @Nicholas Gorgone said, there have been multiple properties that have popped up and clearly notes the ADU that's attached to the property. I dont see any mention in these listings that they are in a approved zones or have been grandfathered in.

Searching BP, I couldnt find anybody posting about their experiences getting fined for having an illegal multi-family unit.

I often hear people mentioning in podcasts in books that they turned their basement into another unit etc, but rarely hear any mention about whether they are legally zoned for such.

Very surprised to see owners/agents clearly list their violations on the MLS.

I'm not sure how close they are being monitored, or how strickly they are enforced but it doesnt sound like its worth the risk to me. God forbid somebody get hurt in one of those basements.

Ray Slack · Answer

PG COUNTY HAS A PLANNER OF THE DAY  On staff each day.. you need to go down the county in person to speak with them.. they can answer your questions.  Most of very nice and helpful.

Nicholas Gorgone · Answer

Thank you all for responding.

John T: I have seen this many times, however I was considering a specific property on Gumwood Dr. in Hyattsville. I sat on the idea too long, and it is now contingent (https://www.zillow.com/homes/3...). I was worried about zoning issues though.

Ray S: I talked to a very unhelpful woman at the permitting office who said that if I want an answer to this question, I have to fill out a Freedom of Information act form and jump through all sorts of hoops. (I highly doubt that that's the only way but the gatekeeper was not having it).

Jeffery W & Justin L: So the only place I can really find the answer is by checking when the Accessory Dwelling was built or when permits were pulled to create it at the county offices?

Russell B: Thank you for suggesting the different neighborhoods and the statistics! Top notch information. I was reading the PG County 2035 Plan today (http://www.pgparks.com/374/Pla...) and saw that PG county also suffers from a multifamily housing stock deficiency. In particular, page 180 highlights that housing demand will shift from 68% single family + 32% multifamily to 39% SF + 61% MF. I don't know if I believe those numbers, but the general trend is towards multi.

Jeffery Wilen · Answer

@Nicholas Gorgone

What @Ray Slack said. Many of those units were turned into duplexes prior to the zoning and are grandfathered in. Most jurisdictions will have language that tells you what will trigger the unit being reverted back to a SFR. For example, 12 months of vacancy.

Ray Slack · Answer

Call the city permitting or code enforcement office and ask them.

John Teachout · Answer

Are you looking at the properties in general or are you focused on a specific one that you KNOW is not permitted (perhaps by a grandfather clause or variance)?

What's with all the unzoned duplexes in MD?

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