An act relating to housing., the official text

UNOFFICIAL COPY                                              26 RS HB 333/GA

1   AN ACT relating to housing.

2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:

3   SECTION 1. A NEW SECTION OF KRS CHAPTER 100 IS CREATED TO

4 READ AS FOLLOWS:

5 (1) As used in this section:

6   (a) "Affordable housing" means a residential dwelling unit reserved for a

7   household whose income does not exceed eighty percent (80%) of the

8   median income for the area as set out by the United States Department of

9   Housing and Urban Development;

10  (b) "Homeless shelter" means a facility used primarily to provide temporary

11  shelter, including day shelters, overnight shelters, or temporary cooling or

12  warming shelters, for the homeless, and which may provide:

13  1. Overnight sleeping accommodations;

14  2. Meals; and

15  3. Ancillary social, educational, or health services;

16  (c) "Religious developer" means a religious institution or any property

17  developer working on behalf of a religious institution; and

18  (d) "Religious institution" means a bona fide church, religious denomination,

19  or religious organization, determined by the Internal Revenue Service to be

20  tax exempt pursuant to Section 501(c)(3) of the Internal Revenue Code.

21 (2) Affordable housing developed by a religious developer shall be considered a

22  permitted use and shall not be subject to permitting, review, or other regulation

23  under this chapter, except for ministerial review by a planning unit for

24  compliance with the following requirements:

25  (a) The development is located on property owned by the religious institution;

26  (b) The property where the development is to be located was purchased by the

27  religious institution prior to January 1, 2026, and owned by the religious

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1   institution throughout the duration of the obligation in paragraph (g) of this

2   subsection;

3   (c) The development exclusively contains affordable housing;

4   (d) The property where the development is to be located:

5   1. Is on a parcel in a commercial or business zone;

6   2. Is on a parcel in a residential zone that is adjacent to a road classified

7   as part of the state primary road system pursuant to KRS 177.020 and

8   is adjacent to a parcel in a commercial, business, or industrial zone;

9   or

10  3. Contains a structure that was used as a school prior to the effective

11  date of this Act and the development is for the conversion of that

12  structure into affordable housing;

13  (e) The development contains twenty-four (24) or fewer units;

14  (f) The development would not lead to more than twenty-four (24) affordable

15  housing units being located on that parcel, any contiguous parcel owned by

16  the religious institution, or cumulatively on parcels owned by the religious

17  institution within one-half (1/2) mile of the development;

18  (g) The obligation that units developed pursuant to this section are affordable

19  in accordance with paragraph (c) of this subsection shall:

20  1. Remain in place for a period of fifteen (15) years from the date of the

21  certificate of occupancy or, if a certificate of occupancy is not

22  required, from the date of the final building permit inspection; and

23  2. Be recorded in a legally binding agreement or deed restriction.

24  The religious developer shall submit an annual report to the certifying

25  planning unit that the requirements of this paragraph are met for the

26  property; and

27  (h) The religious developer has obtained all other permits, including building

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    UNOFFICIAL COPY                                           26 RS HB 333/GA

1   permits, as required by law.

2 (3) If a development established pursuant to this section no longer meets the

3   requirements in subsection (2) of this section, the property owner shall seek all

4   approvals for the development from the planning unit that would be required for

5   a developer that did not qualify for ministerial review under this section.

6 (4) The Kentucky Housing Corporation may provide technical and advisory

7   resources to a religious developer to assist with the development and management

8   of an affordable housing development under this section.

9 (5) A religious institution that seeks to privately operate a homeless shelter designed

10  to provide temporary living accommodations or a temporary cooling or warming

11  center during extreme weather events shall be considered a permitted use in all

12  commercial, business, or industrial zones if the religious institution has obtained

13  all other permits required by law.

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