Quick answer: Maryland’s statewide ADU law protects a property owner from private restrictions that unreasonably prevent the owner from developing an ADU or offering it for rent. But that protection does not create a statewide right to use an ADU as an Airbnb, Vrbo, or other short-term rental. Local governments retain their authority to regulate short-term rentals, and private restrictions may also limit short-term rental use.
That distinction matters in 2026 because Maryland jurisdictions are updating their local ADU laws to comply with HB 1466 (Chapter 197). A property may qualify for an ADU while the way you intend to rent that ADU is regulated separately.
The three questions Maryland homeowners should separate
Before planning around rental income, treat these as three different approvals: Can I build or legalize the ADU? Can I rent it as housing? Can I rent it on a short-term basis? A yes to the first question does not automatically produce a yes to the third.
What HB 1466 changed
HB 1466 became effective October 1, 2025 and establishes Maryland policy supporting ADUs. It also requires counties and municipalities with planning and zoning authority to adopt qualifying local ADU legislation by October 1, 2026.
On the private-restriction side, Maryland Real Property § 2-126 says that, when the owner has the exclusive right to use the property and follows applicable laws and regulations, a restriction on use may not impose an unreasonable limitation on the owner’s ability to develop or offer for rent an ADU. The statute includes deeds, declarations, contracts, HOA bylaws or rules, security instruments and similar instruments within its definition of a restriction on use.
Does that mean an HOA must allow Airbnb in an ADU?
No. The same statute specifically says that an unreasonable limitation does not include a limitation on the short-term rental of an ADU. Maryland Department of Planning guidance therefore explains that HB 1466 does not require HOAs to allow ADUs to be used as short-term rentals.
If your property is governed by an HOA, review the declaration, bylaws and rental rules before assuming projected Airbnb income. For the broader HOA issue, see our Maryland ADU HOA rules guide.
Can a county or city regulate short-term ADU rentals?
Yes. Maryland Department of Planning states directly that HB 1466 does not alter a local government’s powers to regulate short-term rentals. That means your ADU zoning approval and your short-term-rental compliance can involve different rules.
Depending on the jurisdiction, homeowners may need to investigate matters such as licensing or registration, rental duration definitions, occupancy requirements, taxes, safety requirements, and other locally applicable conditions. Do not assume that a lawful ADU is automatically a lawful short-term rental.
What about a normal long-term tenant?
The statewide law is materially more protective of the ability to offer an ADU for rent than it is of short-term rental use. However, this is not a blanket exemption from zoning, building, health, safety, landlord-tenant, licensing, HOA, historic-property or other applicable requirements. The statute itself conditions its protection on compliance with applicable laws and regulations.
A practical 2026 rental check
- Confirm the correct jurisdiction. Your mailing address may not tell you which county or municipality controls zoning.
- Confirm the ADU itself is permitted. Start with the applicable county or municipal ADU rules.
- Identify your intended rental model. Long-term housing and short-term stays should not be treated as the same use.
- Check local short-term-rental rules separately. HB 1466 did not remove local authority over them.
- Check private restrictions. HOA or covenant restrictions cannot impose the type of unreasonable ADU limitation barred by state law, but short-term-rental restrictions receive different treatment.
- Verify before spending. If rental income is essential to your budget, obtain the applicable local requirements before committing to construction or financing.
Why the October 1, 2026 deadline matters
Maryland’s local jurisdictions are required to adopt qualifying ADU legislation by October 1, 2026. As local ordinances change, the development rules for an ADU may change even though local authority over short-term rentals remains. Homeowners should therefore check the current jurisdiction-specific rule rather than relying on an older article or a statewide summary alone.
Use our Maryland ADU Jurisdiction Finder and Maryland ADU Rules Tracker to move from the statewide rule to the local rule that applies to your property.
Official sources
Primary references for this guide include Maryland Real Property § 2-126, Maryland HB 1466 / Chapter 197, and the Maryland Department of Planning’s HB 1466 FAQ. Because short-term-rental requirements can be local and can change, verify the current rules with the county or municipality that has jurisdiction over the property.
Bottom line
Maryland’s ADU law supports the ability to offer an ADU for rent, but it intentionally does not turn that protection into a statewide right to operate a short-term rental. If your plan depends on Airbnb or another short-term-rental model, check both the local government’s rules and any applicable private restrictions before treating that income as part of your ADU plan.
Maryland ADU Guide is an independent homeowner research resource. This page is for general planning information and is not legal advice.
What to do next
Start by finding the office that reviews your property. A mailing city or a county guide does not establish your parcel’s authority.
- Find Who Reviews My Property.
- Obtain your parcel identifier, survey, floor plans and utility records.
- Ask the reviewing office which current rules, supporting documents and approvals apply.
- Continue to your planning workspace.
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