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Legislative Year: 2023 Change
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Bill Detail: HB23-1190

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Title Affordable Housing Right Of First Refusal
Status Governor Vetoed (06/06/2023)
Bill Subjects
  • Housing
  • Local Government
House Sponsors E. Sirota (D)
A. Boesenecker (D)
Senate Sponsors F. Winter (D)
S. Jaquez Lewis (D)
House Committee Transportation, Housing and Local Government
Senate Committee Local Government and Housing
Date Introduced 02/10/2023
Summary

The bill creates a right of first refusal of a local government to
match an acceptable offer for the sale of a residential or mixed-use
multifamily property (property). The right to the purchase of the property
by the local government is subject to the local government's commitment
to using the property as long-term affordable housing. The local
government may assign its right of first refusal to the state, to any
political subdivisions, or to any housing authority in the state subject to
the limitation that the assignee make the same commitment to using the
property as long-term affordable housing.
The bill requires notices to be given by the seller to local
governments and by local governments to the seller and to residents of the
property. Upon receiving notice of intent to sell or of a potential sale of
property, a local government has 14 business days to preserve its right of
first refusal and an additional 90 business days to make an offer and must
agree to close on the property within 180 business days of the execution
of an agreement for the sale and purchase of the qualifying property.
The bill allows certain sales of property to be exempt from the
right of first refusal and the requirements established by the bill for the
right of first refusal. The bill also allows the local government to waive
its right of first refusal to purchase a property if the local government
elects to disclaim its rights to any proposed transaction or for any duration
of time or if there is a third-party buyer interested in purchasing the
property with the same commitment to preserving or converting the
property for long-term affordable housing and if the third-party buyer
enters into an agreement with the local government concerning the
third-party buyer's commitment to long-term affordable housing.
If the local government, its assignee, or a third-party buyer who
has committed to preserving or converting the property for long-term
affordable housing has acquired the property and maintained the property
for long-term affordable housing for 50 years, the property may be
converted to another use if the following conditions are met:
  • Notice is given to residents prior to the conversion;
  • Any displaced residents are provided with compensation
for relocation; and
  • The local government, its assignee, or a third-party buyer
who has committed to preserving or converting the
property for long-term affordable housing guarantees the
development or conversion of an equal or greater amount
of units within the boundaries of the local government for
long-term affordable housing and offers the units first to
any residents displaced by the conversion of the property.
The bill also provides that the attorney general's office has
responsibility to enforce the provisions of the bill and that the attorney
general's office, a local government, or a mission-driven organization has
standing to bring a civil action for violations of the bill.

Committee Reports
with Amendments
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (08/09/2023) (most recent)  
Additional Bill Documents Bill Documents
Including:
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  • Past fiscal notes
  • Committee activity and documents
  • Bill History
 
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Votes House and Senate Votes
Vote Totals Vote Totals by Party
 
 
 
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