Accessible housing measure expanded, advanced

A bill aimed at measuring Nebraska’s accessible housing stock advanced to the final round of debate March 31 after lawmakers amended it to include a proposal that would require certain state-funded housing projects to include a minimum percentage of accessible units.

Under the Municipal Density and Missing Middle Housing Act, metropolitan, primary, and first class cities with a population of at least 20,000 are required to submit biennial reports to the Urban Affairs Committee.

The reports provide details on cities’ efforts to address the availability of and incentives for affordable housing through zoning, ordinances and regulations.

Under LB839, introduced by Bellevue Sen. Victor Rountree, cities also would be required to report the number of multifamily housing units that have been designed and built within city limits in accordance with the federal Fair Housing Act’s accessibility requirements since Jan. 1, 2021.

Rountree introduced an amendment on select file that he said would address concerns raised by Omaha officials, who are unsure they could gather the required information. Under the revised measure, a city also could report the number of multifamily housing units that meet accessibility requirements under the 2018 edition of the International Building Code.

The amendment also would include amended provisions of two other bills sponsored by Rountree this session.

Omaha Sen. Kathleen Kauth offered a successful motion to divide the question and consider each measure contained in the amendment separately.

The first component includes the amended provisions of LB840. They would prohibit the state Department of Economic Development from approving a multifamily rental unit project for assistance from the Affordable Housing Trust Fund unless at least 10% of the project’s units are accessible for people with mobility impairments and at least 4% are accessible for those with hearing or vision impairments.

Rountree said the proposed percentages are lower than those in the original measure, the result of a compromise with housing developers, cities and counties. He said many states have similar requirements to ensure that an adequate number of accessible housing units are built.

“While I understand the hesitancy to add any requirement to housing,” Rountree said, “this small change will have a large impact for those in need.”

Sen. Robert Dover of Norfolk opposed the measure, saying it would increase housing costs. He introduced an amendment, adopted 28-10, to remove the proposed requirements from Rountree’s amendment.

Rountree then offered another amendment that he said is a further compromise with developers. It would reduce the minimum percentages of accessible units to 4% for people with mobility impairments and 2% for those with hearing or vision impairments.

Rountree said this would match requirements for federally assisted new construction and substantial rehabilitation projects under the Rehabilitation Act of 1973.

Senators voted 27-9 to adopt the amendment and then 31-6 to adopt the revised first division.

Lawmakers then voted 36-1 to adopt the second component, which contains amended provisions of LB1041. As introduced, the measure would have required cities, villages and counties to allow the construction of at least one accessible dwelling unit on the same lot as a single-family residence.

The modified proposal, which Rountree said is a compromise with stakeholders, would require cities to report on their efforts to expand the use of ADUs, any obstacles to the construction of additional ADUs and areas where they are allowed by right.

“These units are seen as good candidates for those with disabilities or those who are looking to age in place in their home,” he said.

The final component of the divided amendment, adopted 35-0, includes the proposed changes to LB839 as well as another provision originally included in the amended version of LB1041. It would require cities’ biennial reports to include recommended actions the state could take to assist cities in the construction of affordable housing.

Following adoption of the amendments, senators advanced LB839 to final reading by voice vote.