Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 839
FINAL READING
Introduced by Rountree, 3.
Read first time January 08, 2026
Committee: Urban Affairs
A BILL FOR AN ACT relating to housing; to amend section 19-5504, Revised1
Statutes Cumulative Supplement, 2024, and section 58-701, Revised2
Statutes Supplement, 2025; to change reporting requirements under3
the Municipal Density and Missing Middle Housing Act; to provide4
requirements for multifamily rental unit projects under the Nebraska5
Affordable Housing Act; to harmonize provisions; and to repeal the6
original sections. 7
Be it enacted by the people of the State of Nebraska,8
LB839
2026
LB839
2026
-1-
Section 1. Section 19-5504, Revised Statutes Cumulative Supplement,1
2024, is amended to read: 2
19-5504 (1) On or before July 1, 2021, and by each July 1 every two3
years thereafter, each city shall electronically submit a report to the4
Urban Affairs Committee of the Legislature detailing its efforts to5
address the availability of and incentives for affordable housing through6
its zoning codes, ordinances, and regulations. Such report shall include,7
but not be limited to: 8
(a) An overview of the city's current residential zoning9
requirements; 10
(b) The percentage of areas within the corporate limits of the city11
zoned for residential use which permit the construction of multifamily12
housing and middle housing, including whether such areas are zoned13
specifically for residential use or generally allow residential use, and14
whether such construction is permitted with or without any additional15
permit requirements; 16
(c) A breakdown of new residential construction within the corporate17
limits of the city over the previous five years, including the percentage18
of such construction that was single-family housing, multifamily housing,19
and middle housing; 20
(d) A breakdown of residential units annexed by the city over the21
previous five years, including the percentage of such units that were22
single-family housing, multifamily housing, and middle housing;23
(e) An estimate of the per-unit cost of housing within the corporate24
limits of the city; 25
(f) Whether such zoning codes, ordinances, and regulations provide26
for density bonuses or other concessions or incentives which encourage27
residential density, and the frequency with which such bonuses,28
concessions, or incentives are utilized; 29
(g) Whether such zoning codes, ordinances, and regulations allow the30
construction of accessory dwelling units , what efforts have been made by31
LB839
2026
LB839
2026
-2-
the city to expand the use of accessory dwelling units, what obstacles1
exist to allowing more accessory dwelling units in the city and any2
strategies to overcome those obstacles, and which areas of the city allow3
for accessory dwelling units by right; 4
(h) What incentives the city applies to encourage the development of5
affordable housing, including both direct incentives and regulatory6
relief; 7
(i) The percentage of areas within the corporate limits of the city8
zoned for residential use which have been declared substandard and9
blighted areas under the Community Development Law;10
(j) The percentage of areas within the corporate limits of the city11
zoned for residential use which have been declared extremely blighted12
areas under the Community Development Law; 13
(k) A demographic analysis of the city with trends and estimates of14
the housing need classified by housing type and price range; and15
(l)(i) The number of multifamily housing units constructed within16
the corporate limits of the city and issued an initial certificate of17
occupancy since January 1, 2021, and either: 18
(A) The number of such units considered covered multifamily19
dwellings that were designed and constructed in accordance with the20
accessibility requirements of the federal Fair Housing Act, 42 U.S.C.21
3601 et seq. For purposes of this subdivision, covered multifamily22
dwelling has the same meaning as in 42 U.S.C. 3604; or23
(B) The number of such units considered Type B units under chapter24
11 of the 2018 edition of the International Building Code.25
(ii) If a city is unable to provide the information described in26
subdivision (l)(i) of this subsection with regard to construction that27
occurred on or after January 1, 2021, and before the effective date of28
this act, the city shall note such fact in its report and may omit such29
information from the report; 30
(m) (l) Efforts to adopt an affordable housing action plan as31
LB839
2026
LB839
2026
-3-
required under section 19-5505 or efforts to implement an affordable1
housing action plan after such plan is adopted; and .2
(n) Recommendations on actions that the state could take to assist3
cities in the construction of affordable housing. 4
(2) The Urban Affairs Committee of the Legislature may require any5
city to present its report to the committee at a public hearing.6
Sec. 2. Section 58-701, Revised Statutes Supplement, 2025, is7
amended to read: 8
58-701 Sections 58-701 to 58-712 and section 3 of this act shall be9
known and may be cited as the Nebraska Affordable Housing Act.10
Sec. 3. (1) For purposes of this section: 11
(a) Accessible has the same meaning as in 24 C.F.R. 8.3, as such12
regulation existed on January 1, 2026; and 13
(b) Multifamily rental unit project means residential buildings that14
contain five or more dwelling units within one structure occupied by15
renters. 16
(2) Beginning on the effective date of this act, the Department of17
Economic Development shall not approve a multifamily rental unit project18
for assistance from the Affordable Housing Trust Fund unless:19
(a) At least five percent of the dwelling units included in the20
project will be accessible for persons with mobility impairments; and21
(b) At least two percent of the dwelling units included in the22
project will be accessible for persons with hearing or vision23
impairments. 24
Sec. 4. Original section 19-5504, Revised Statutes Cumulative25
Supplement, 2024, and section 58-701, Revised Statutes Supplement, 2025,26
are repealed. 27
LB839
2026
LB839
2026
-4-