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State Land Use Enacted Legislation

Bill # State Year Party Topic

HB 1143

TN 2018 R Affordable housing incentives and financing, Inclusionary zoning, Workforce Housing

Provided by Furman

Summary

  • Prevents municipalities from exercising certain land use powers, including:
    • Requiring allocation of residential and rental units to be sold or rented at below market rates,
    • Conditioning any zoning change, variance, building permit, or change in land use requirements based on allocation of units to be sold or rented at below market rates,
    • Requiring a person to waive constitutionally protected rights to real property in order to increase the number of residential units,
    • Conditioning development entitlements on the allocation of units to be sold or rented at below market rates.
  • Responds to Nashville and Davidson County enactment of inclusionary zoning policy targeting developments that seek to build beyond what current zoning allows.
  • Exempts purely voluntary incentive-based programs to increase the construction of workforce or affordable units, such as local tax incentives.
  • Allows individuals who suffer loss of money or property as a result of practices prohibited by this bill to bring actions to recover damages.
  • Declares any local law in conflict with this act void and unenforceable.

Provided by lawmakers

Bill Title

Relating to Housing Sold or Rented at Below Market Value - Strengthens statewide ban on municipal inclusionary zoning

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