Northwood News ♦ February 2022

The Laws on Occupancy Limits, Parking in Our Neighborhood

By Linda S. Perlman

Maximum Permissible Occupancy for Homes and Apartments (or ‘How Many People Can Live in a House or Apartment?’)

The size of the home determines whether it is overcrowded. Each dwelling unit must have at least 150 square feet of floor area for the first resident and 100 square feet for each additional resident of the house or apartment. Each bedroom (“sleeping room”) of a dwelling unit with two or more rooms must have at least 70 square feet of habitable space for one occupant and must be at least seven feet in width. If the bedroom is occupied by more than one person, then there must be at least 50 square feet of habitable space for each occupant. Further, the sole access to any bedroom must not be through another bedroom.

Disclaimer: This is not a complete listing of all space, use, location, and other requirements for a habitable house or apartment. If the housing is rental, with a few exceptions, then it must be licensed by the County.

Parking (or ‘Why Can’t I Park in Front of My Own House?’)

Off-Street Parking. Vehicles parked in front yards must be on surfaced areas. Inoperable or unregistered vehicles are not allowed anywhere on the property. One light commercial vehicle and one recreational vehicle per household can be parked off-street on surfaced areas in residential neighborhoods.
Home-Based Businesses. Residents are permitted to operate businesses from their homes, subject to certain restrictions based on the type of business and its impact on the neighborhood. Parking for home businesses is limited to two off-street parking spaces on the property. Lawn maintenance companies may park only one single-axle trailer or truck on the property at a time.
On-Street Parking. Heavy commercial vehicles (i.e., those with a gross vehicle weight of more than 10,000 pounds, manufacturer’s rated capacity of more than one ton, more than 21 feet long, etc.) and recreational vehicles — such as motor homes and trailers — may not be parked on residential streets except temporarily for loading and unloading or when the vehicle is being used by the owner or operator while engaged in work on a property abutting the street. Businesses may not perform services or repairs on vehicles parked on public streets, but emergency service or repairs are allowed.

You cannot stop anyone from parking in front of your house.

Vehicle owners may use the public street to perform minor services or repairs on their vehicles provided that the vehicle is otherwise legally parked or operative or the vehicle is awaiting imminent transfer to or from a garage, repair shop, or service or parking facility. Vehicles parked on the street may not block or obstruct or park within five feet of either curb edge of the entrance to any public or private driveway, except that an owner may obstruct his own private residence driveway. Parking within 35 feet of an intersection is prohibited. Parking is prohibited on a sidewalk, on a crosswalk, within 15 feet of a fire hydrant, in a direction other than the flow of traffic, or at any place an official sign or traffic control device restricts or prohibits parking.
Parking on the Street in Front of Your House. Residents do not “own” the portion of the public street in front of their residences and cannot restrict or prohibit other vehicles from parking on that part of the street. With a few exceptions — such as where signs prohibit or restrict parking in certain areas or during certain times or to vehicles with parking permit passes or handicapped designations — vehicles may park wherever parking is allowed on public streets in residential areas. In general, there is no limit to the number of private vehicles associated with a particular address that can park on a residential street. Most neighbors are courteous and allow residents to park their vehicles in front of their own homes, but there is no right to park on the public street directly in front of your home. This is true even if you live in a house without a private driveway.

How Are These Laws Enforced?

Enforcement is primarily by complaint. The Department of Housing and Community Affairs (DHCA) handles complaints regarding rental licensing, rental housing conditions, exterior property maintenance, maximum occupancy, and unregistered and inoperable vehicles on private property. Complaints about home occupations, the paving of front yards, and off-street parking issues are handled by the Department of Permitting Services (DPS). Complaints can be filed through the County’s 311 service or online with the appropriate County department at montgomerycountymd.gov. On-street parking complaints are made to the Montgomery County Police nonemergency phone number at 301.279.8000, to the 3rd District (Silver Spring) at 240.773.6800, or the 4th District (Wheaton) at 240.773.5500.

[Perlman, an attorney and president of the NFCCA, lives in the house she grew up in on Caddington Avenue.] ■