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SECOND REGULAR SESSION
HOUSE BILL NO. 3297
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE EAL Y .
7150H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 67, RSMo, by adding thereto two new sections relating to af fordable
housing development, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 67, RSMo, is amended by adding thereto two new sections, to be
2 known as sections 67.5460 and 67.5465, to read as follows:
67.5460. 1. A political subdivision shall authorize multifamily and mixed-use
2 r esidential as allowable uses in any ar ea zoned for commer cial, industrial, or mixed use
3 if at least forty per cent of the res idential units in a prop osed multifamily rent al
4 development ar e, for a period of at least thirty years, affordable as defined in section
5 215.263. Notwithstanding any other pr ovision of law or local ordinance to the contrary ,
6 no political subdivision shall r equir e a prop osed multifamily development to obtain a
7 zoning or land use change, special exception, conditional use appr oval, variance, or
8 compr ehensive plan amendment for the building height, zoning, and densities
9 authorized under this section. For mixed use res idential pro jects, at least sixty-five
10 per cent of the total squar e footage shall be used for res idential purposes.
11 2. A political subdivision shall not res trict the density of a prop osed development
12 authorized under this section below the highest allowed density on any unincorporated
13 land in the political subdivision wher e resi dential development is allowed.
14 3. A political subdivision shall not r estrict the height of a pro posed development
15 authorized under this subsection below the highest curre ntly allowed height for a
16 commer cial or res idential development located in its jurisdiction within one mile of the
17 pr oposed development or thr ee stories, whichever is higher .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 4. A propo sed development authorized under this section shall be
1 9 administratively appr oved and no further action by the governing board of the
20 political subdivision is r equir ed if the development satisfies the county's land
21 development reg ulations for multifamily developments in areas zoned for such use
22 and is otherwise consistent with the comprehe nsive plan, with the exception of
23 pr ovisions establishing allowable densities, height, and land use. Such land development
24 r egulations include, but are not limited to, reg ulations relat ing to setbacks and parking
25 r equir ements.
26 5. A political subdivision shall consider red ucing parking requ irem ents for a
27 pr oposed development authorized under this section if the development is located within
28 one-half mile of a public transit system and the public transit system is accessible fr om
29 the development. For the purposes of this section, a "public transit system" shall
30 include buses, commuter rail, other fixed guideways, parking or other facilities, transit
31 centers, stops, park-n-ride lots, and other transit-r elated surface transportation.
32 6. Except as otherwise pr ovided in this section, a development authorized under
33 this section shall comply with all applicable state and local laws and r egulations.
67.5465. 1. Notwithstanding any prov ision of law to the contrary , portions of
2 pr operty in a multifamily pr oject are considere d pro perty used for a charitable purpose
3 and are eligible to receive an ad valor em prop erty tax exemption if such portions:
4 (1) Pr ovide affordable housing to natural persons or families meeting the income
5 limitations prov ided in subsection 3 of this section;
6 (2) Are within a newly constructed multifamily pr oject that contains mor e than
7 seventy units dedicated to housing natural persons or families meeting the income
8 limitations prov ided in subsection 3 of this section; and
9 (3) Ar e rent ed for an amount that does not exceed the amount as specified by the
10 most recent multifamily rent al pr ograms income and rent limit chart posted by the
11 Multifamily T ax Subsidy Pr ojects Income Limits published by the United States
12 Department of Housing and Urban Development.
13 2. If a unit that in the pr evious year qualified for the exemption under this
14 section and was occupied by a tenant is vacant on January first, the vacant unit is
15 eligible for the exemption if the use of the unit is res tricted to pro viding affordable
16 housing that would otherwise meet the requ irem ents of this section and a reas onable
17 effort is made to lease the unit to eligible persons or families.
18 3. (1) Qualified prop erty used to house natural persons or families whose annual
19 household income is gre ater than eighty perc ent but not mor e than one hundr ed twenty
20 per cent of the median annual adjusted gross income for households within the
21 metr opolitan statistical area or , if not within a metr opolitan statistical area, within the
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22 county in which the person or family resi des, shall r eceive an ad valor em prop erty tax
23 exemption of seventy-five per cent of the assessed value.
24 (2) Qualified pro perty used to house natural persons or families whose annual
25 household income does not exceed eighty perc ent of the median annual adjusted gr oss
26 income for households within the metro politan statistical ar ea or , if not within a
27 metr opolitan statistical ar ea, within the county in which the person or family re sides, is
28 exempt fro m ad valor em pro perty taxes.
29 4. T o receive an exemption under this section, a pr operty owner shall submit an
30 application on a form prescribed by the department of r evenue by Marc h first each
31 year .
32 5. The application shall r equir e the prop erty owner to pr ovide, at a minimum,
33 all of the following:
34 (1) A list of the units for which the pro perty owner seeks an exemption;
35 (2) The rent amount received by the pr operty owner for each unit for which the
36 pr operty owner seeks an exemption. If a unit is vacant and qualifies for an exemption
37 under subsection 2 of this section, the pr operty owner shall pr ovide evidence of the
38 published r ent amount for each vacant unit; and
39 (3) A sworn statement, under penalty of perjury , fr om the pro perty owner
40 r estricting the pro perty for a period of not less than thr ee years to housing persons or
41 families who meet the income limitations under this section.
42 6. Any pr operty owned by the taxpayer and situated in this state is subject to the
43 taxes exempted by the impr oper exemption, plus a penalty of fifty per cent of the unpaid
44 taxes for each year and inter est at a rate of fifteen perce nt per annum. If an exemption
45 is impr operly granted as a res ult of a clerical mistake, the pr operty owner imprope rly
46 r eceiving the exemption shall not be assessed a penalty or interes t.
47 7. The pr ovisions of this section shall apply beginning with tax year 2027.
✔
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