LB 839

LB839  LB839
2026  2026
               ENGROSSED LEGISLATIVE BILL 839
Introduced by Rountree, 3.
A BILL FOR AN ACT relating to housing; to amend section 19-5504, Revised
    Statutes Cumulative Supplement, 2024, and section 58-701, Revised Statutes
    Supplement, 2025; to change reporting requirements under the Municipal
    Density     and   Missing     Middle    Housing      Act;    to    provide    requirements     for
    multifamily rental unit projects under the Nebraska Affordable Housing
    Act; to harmonize provisions; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
    Section 1. Section 19-5504, Revised Statutes Cumulative Supplement, 2024,
is amended to read:
    19-5504 (1) On or before July 1, 2021, and by each July 1 every two years
thereafter, each city shall electronically submit a report to the Urban Affairs
Committee of the Legislature detailing its efforts to address the availability
of and incentives for affordable housing through its zoning codes, ordinances,
and regulations. Such report shall include, but not be limited to:
    (a) An overview of the city's current residential zoning requirements;
    (b) The percentage of areas within the corporate limits of the city zoned
for residential use which permit the construction of multifamily housing and
middle    housing,    including    whether    such       areas   are    zoned     specifically    for
residential     use   or   generally       allow     residential       use,      and   whether   such
construction is permitted with or without any additional permit requirements;
    (c)    A   breakdown   of   new   residential        construction      within      the   corporate
limits of the city over the previous five years, including the percentage of
such construction that was single-family housing, multifamily housing, and
middle housing;
    (d) A breakdown of residential units annexed by the city over the previous
five years, including the percentage of such units that were single-family
housing, multifamily housing, and middle housing;
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    (e) An estimate of the per-unit cost of housing within the corporate
limits of the city;
    (f) Whether such zoning codes, ordinances, and regulations provide for
density bonuses or other concessions or incentives which encourage residential
density, and the frequency with which such bonuses, concessions, or incentives
are utilized;
    (g)    Whether   such   zoning   codes,   ordinances,   and   regulations   allow   the
construction of accessory dwelling units, what efforts have been made by the
city to expand the use of accessory dwelling units, what obstacles exist to
allowing more accessory dwelling units in the city and any strategies to
overcome those obstacles, and which areas of the city allow for accessory
dwelling units by right;
    (h) What incentives the city applies to encourage the development of
affordable housing, including both direct incentives and regulatory relief;
    (i) The percentage of areas within the corporate limits of the city zoned
for residential use which have been declared substandard and blighted areas
under the Community Development Law;
    (j) The percentage of areas within the corporate limits of the city zoned
for residential use which have been declared extremely blighted areas under the
Community Development Law;
    (k) A demographic analysis of the city with trends and estimates of the
housing need classified by housing type and price range;
    (l)(i) The number of multifamily housing units constructed within the
corporate limits of the city and issued an initial certificate of occupancy
since January 1, 2021, and either:
    (A) The number of such units considered covered multifamily dwellings that
were designed and constructed in accordance with the accessibility requirements
of the federal Fair Housing Act, 42 U.S.C. 3601 et seq. For purposes of this
subdivision, covered multifamily dwelling has the same meaning as in 42 U.S.C.
3604; or
    (B) The number of such units considered Type B units under chapter 11 of
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the 2018 edition of the International Building Code.
    (ii)    If   a   city     is    unable       to   provide      the    information     described     in
subdivision (l)(i) of this subsection with regard to construction that occurred
on or after January 1, 2021, and before the effective date of this act, the
city shall note such fact in its report and may omit such information from the
report;
    (m) Efforts to adopt an affordable housing action plan as required under
section 19-5505 or efforts to implement an affordable housing action plan after
such plan is adopted; and
    (n) Recommendations on actions that the state could take to assist cities
in the construction of affordable housing.
    (2) The Urban Affairs Committee of the Legislature may require any city to
present its report to the committee at a public hearing.
    Sec. 2. Section 58-701, Revised Statutes Supplement, 2025, is amended to
read:
    58-701 Sections 58-701 to 58-712 and section 3 of this act shall be known
and may be cited as the Nebraska Affordable Housing Act.
    Sec. 3.      (1) For purposes of this section:
    (a)    Accessible    has       the    same    meaning     as     in    24   C.F.R.    8.3,   as   such
regulation existed on January 1, 2026; and
    (b)    Multifamily       rental      unit    project     means       residential     buildings    that
contain five or more dwelling units within one structure occupied by renters.
    (2)    Beginning    on    the     effective       date   of    this     act,   the    Department    of
Economic Development shall not approve a multifamily rental unit project for
assistance from the Affordable Housing Trust Fund unless:
    (a) At least five percent of the dwelling units included in the project
will be accessible for persons with mobility impairments; and
    (b) At least two percent of the dwelling units included in the project
will be accessible for persons with hearing or vision impairments.
    Sec. 4.      Original section 19-5504, Revised Statutes Cumulative Supplement,
2024, and section 58-701, Revised Statutes Supplement, 2025, are repealed.
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                                                                                         PRESIDENT OF THE LEGISLATURE
            THIS IS TO CERTIFY that the within LB 839 was passed by the One Hundred Ninth
Legislature of Nebraska at its Second Session on the ........................................................ day
of ................................................................... 20.............
                                                                                          CLERK OF THE LEGISLATURE
                                                                     Approved:
          .......................................................................... 20.........., ................. o'clock ...............M.
                                                                                                      GOVERNOR