Legislator seeks to cut housing red tape

Home prices - whether building, buying or renting - have gone through the roof. Recognizing this, Rep. Steven Doan, R-Erlanger, has started an interesting conversation about whether overhauling restrictive planning and zoning regulations could stimulate the market for housing.

Named the Housing Opportunities Made Easier Act (HOME Act), House Bill 102 aims to make it easier and cheaper to build and rent housing in Kentucky by reducing red tape and streamlining permitting processes.

Key provisions:

• Zoning:

  • Minimum square footage requirements for dwellings and lots are prohibited.

  • Design requirements on aesthetics are limited to health, safety, and structural integrity.

  • Duplexes are allowed in all zones that allow single-family homes.

  • Triplexes and quadplexes are allowed in some zones that allow single-family homes.

  • Secondary dwelling units (tiny homes, attached/detached units) are allowed on single-family zoned lots with reasonable restrictions.

  • Mobile tiny homes can be rented on single-family zoned lots.

• Permitting and approvals:

  • Permits for dwellings and variances are deemed approved if not denied within 60 days (30 days for secondary dwelling units).

  • Maximum of two hearings for permits and variances.

  • Reasonable fees and studies for permits and variances.

  • Conditions for permits and variances must be clear and cannot be modified later.

• Other provisions:

  • Dwelling construction not conditioned on minimum parking near public transportation.

  • Home occupations allowed with reasonable restrictions.

  • Residential uses allowed in commercial zones.

  • Restrictions on renting dwellings are prohibited (number, rent, duration, occupants, permits).

  • Zoning ordinances must have a clear connection to public safety and health, or are invalid.

  • Right to challenge violations in court, with attorney fees for successful challenges.

  • Estoppel defense for reasonable reliance on government interpretations.

  • Political subdivisions must amend zoning codes within 12 months to comply.

Exemptions:

• Homeowners' associations and private deed-restricted communities.

• Creation of new dwellings in non-residential zones.

• Specific uses like tents and single-family homes.

The HOME Act could revolutionize Kentucky's housing landscape by tackling affordability and accessibility. Its focus centers on reducing the red tape of zoning restrictions and streamlining the often-cumbersome permitting process. By eliminating minimum square footage mandates, relaxing aesthetic requirements, and allowing for more diverse housing types like duplexes and tiny homes, the bill aims to boost the housing supply. Streamlined permitting with clear timelines and reasonable fees, alongside restrictions on rent control and tenant restrictions, further encourages construction and renting. 

Rep. Doan is enthusiastic about this legislation. The discussion that follows from it should be interesting and something KYFREE will be watching.