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Taxes, Real Property - As enacted, establishes the process for property tax assessment and valuation of multi-unit rental housing that receives a federal, state, or local incentive based on low-income renter restrictions, the official text

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                             PUBLIC CHAPTER NO. 1053

                                                     SENATE BILL NO. 539

                                                 By Stevens, Bailey, Reeves

                                            Substituted for: House Bill No. 753

                                        By Faison, Sherrell, Powell, Renea _Jones

AN ACT to amend Tennessee Code Annotated, Title 7; Title 13; Title 48; Title 49; Title 67 and Title
          68, relative to low-income housing.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 67, Chapter 5, Part 6, is amended by adding
the following as a new section:

          67-5-608.

                    (a) Notwithstanding another law to the contrary, multi-unit rental housing that is
          subject to government restriction on use must be assessed in a manner that is consistent
          with the following methods:

                              (1) Applying an annual net operating income approach to value that uses
                    actual income and stabilized operating expenses that are based on the actual history
                    of the property, when available, and a capitalization rate;

                              (2) Using a methodology to project income, expenses, and a capitalization
                    rate that is consistent with the Uniform Standards of Professional Appraisal Practice;

                              (3) Adjusting the unrestricted market value of the multi-unit rental housing,
                    computed without regard to a government restriction on use applicable to the multi-
                    unit rental housing, based on the ratio of the average annual rent of those units of the
                    property that are subject to government restriction on use to the average annual rent
                    of comparable multi-unit rental housing that is not subject to government restriction
                    on use; and

                              (4) Excluding the amount of low-income housing tax credits received under
                    Section 42 of the Internal Revenue Code of 1986 (26 U.S.C. § 42), or from a state or
                    federal program in determining the value attributable to the multi-unit rental housing.

                    (b) The capitalization rate projected pursuant to subsection (a) must be:

                              (1) Based on the risks associated with multi-unit rental housing subject to
                    government restriction on use, including diminished ownership control; income
                    generating potential; liquidity; the condition of the property; the class of the property;
                    and the property's location and size;

                              (2) Equal to or greater than the capitalization rate used for valuing multi-unit
                    rental housing that is not subject to government restriction on use; and

                              (3) In the range of fifty (50) to one hundred fifty (150) basis points above the
                    most recent quarterly survey of the national average capitalization rates of multi-
                    family properties published by realtyrates.com or a successor organization as
                    determined by the division of property assessments in consultation with the
                    Tennessee housing development agency.
S8539

                    (c) Beginning with tax year 2026 and each tax year thereafter, the division of property
          assessments shall publish the capitalization rate range for property assessors to use for that
         tax year on its website as soon as practicable after the rates become available.

                    (d)(1) The owner of multi-unit rental housing shall:

                                        (A) Promptly notify the property assessor if:

                                                  (i) The property is subject to government restriction on use, and
                                        if so, whether the owner requests that the property be classified as
                                        multi-unit rental housing subject to government restriction on use;

                                                  (ii) The property ceases to be subject to government restriction
                                        on use, and if so, whether the owner of the property requests that the
                                        property's classification as multi-unit rental housing subject to
                                        government restriction on use be withdrawn; or

                                                  (iii) A foreclosure action has been brought upon the property;
                                        and

                                        (B) File with the property assessor, on a form prescribed by the state
                              board of equalization, the information necessary for the multi-unit rental
                              housing to be assessed based on the methods described in subsection (a).

                              (2) The notification required by subdivision (d)(1 )(A) must be in writing and
                    submitted to the property assessor on or before December 31 of the calendar year in
                    which the applicable circumstance as listed in subdivisions (d)(1 )(A)(i)-(iii) occurred.

                              (3) If the owner fails to submit the notification pursuant to subdivision (d)(1)(A),
                    then the owner is liable for any delinquent property taxes, including interest and
                    penalty, assessed on the property.

                    (e) As used in this section:

                              (1) "Government restriction on use" means a limitation on the use of a
                    specified amount of the individual dwelling units of multi-unit rental housing that
                    receive a federal, state, or local incentive based on low-income renter restrictions,
                    including the following government incentives:

                                        (A) A low-income housing tax credit under Section 42 of the Internal
                              Revenue Code of 1986 (26 U.S.C. § 42);

                                        (B) Financing derived from exempt facility bonds for qualified
                              residential rental projects under Section 142 of the Internal Revenue Code of
                              1986 (26 U.S.C. § 142);

                                        (C) A low.;.interest loan under Section 235 or 236 of the National
                              Housing Act (42 U.S.C. § 3538) or Section 515 of the Housing Act of 1949 (42
                              U.S.C. § 1485);

                                        (D) A rent subsidy;

                                        (E) A guaranteed loan;

                                        (F) A grant;

                                        (G) A guarantee; or

                                        (H) An agreement entered into for payments in lieu of ad valorem
                              taxes;

                              (2) "Low-income" means earning at or below eighty percent (80%) of the area
                    medran income as defined by the United States department of housing and urban
                    development for the location of the multi-unit rental housing; and

                             •·(3) "Multi-unit re!1tal housing":

                                        (A) Means residential property or a project consisting of four (4) or
                              more individual dwelling units; and

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SB 539
                                        (8) Does not include:
                                                  (i) Assisted living facilities; or
                                                  (ii) Duplexes or single-family units unless they are classified as
                                        commercial property or included as part of a larger property that is
                                        subject to government restriction on use.

                    (f) This section applies in a city or county that adopts this section by ordinance or
          resolution of the legislative body.
          SECTION 2. For purposes of publishing the capitalization rate range and promulgating
application forms and rules, this act takes effect upon becoming a law, the public welfare requiring it.
For all other purposes, this act takes effect July 1, 2026, the public welfare requiring it, and applies
to residential property and projects developed on or after such date.

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         SENATE BILL NO. 539

PASSED:  April 22, 2026

                                                  RAND't\McNALLY
                                    SPEAKER OF THt SENATE

                         C .,
                                  •

                              CAMERON SEXTON, SPEAKER
                             HOUSE OF REPRESENTATIVES

APPROVED this :;;;;.,vd- day of Mo.-i O  2026

         ~~-
                     BILL LEE, GOVERNOR
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