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Tennessee General Assembly· HB 1134Comp. SB subst.

Housing - As enacted, requires certain property, projects, and joint ventures to meet certain requirements if a legislative body of a county or municipality adopts by resolution or ordinance an affordable housing program, the official text

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                           PUBLIC CHAPTER NO. 382

                                                     SENATE BILL NO. 948

                                           By Powers, Jackson, Reeves, Rose

                                            Substituted for: House Bill No. 1134

                                   By Boyd, Russell, Travis, Love, Crawford, Butler

AN ACT to amend Tennessee Code Annotated, Title 47 and Title 67, relative to veterans.

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

          SECTION 1. Tennessee Code Annotated, Section 67-5-207, is amended by adding the
following as a new subsection (f):

                    (1) Notwithstanding subsections (a) and (b) or another law to the contrary, if the
          legislative body of a county or municipality, as applicable, adopts by resolution or ordinance
          the affordable housing program provided in this subsection (f), then:

                              (A) There is also exempted property owned directly or indirectly by a joint
                    venture in which at least one (1) party of the joint venture is a qualified general partner;
                    provided, that such property is used solely to provide permanent affordable housing to
                    low-income households, of which at least thirty percent (30%) of the units at such
                    property are dedicated to provide permanent, qualified affordable housing for veterans
                    experiencing homelessness;

                              (B) An owner or owners of a project that exceeds twelve (12) units must agree
                    to make payments in lieu of taxes to the tax jurisdictions in which they are located, in
                    an amount negotiated to cover the cost of improvements, facilities, or services rendered
                    by the tax jurisdiction, but if an amount is not agreed upon, then the payments must be
                    not less than twenty-five percent (25%) of the amount of tax that would be due if the
                    project were not exempt; and

                              (C) A joint venture will be deemed to provide permanent affordable housing to
                    low-income households if one hundred percent (100%) of the units available at the
                    property are leased at rents that are affordable to households that are low-income,
                    according to the income limits computed and published by the department of housing
                    and urban development under the United States Housing Act of 1937 (42 U.S.C. §
                    1437 et seq.).

                    (2) For purposes of this subsection (f):

                              (A) "Joint venture" includes limited partnerships and any wholly owned limited
                    liability companies of the limited partnership that are disregarded for tax purposes in
                    this state;

                              (B) "Low income" means eighty percent (80%) or less of the applicable area's
                    median income;

                              (C) "Qualified general partner" means a not-for-profit organization exempt from
                    federal income taxation as a charitable or social welfare organization under Section
                    501 of the Internal Revenue Code (26 U.S.C. § 501 ), as amended, that:

                                        (i) Has a purpose and mission of addressing homelessness or providing
                              housing for veterans experiencing homelessness; and

                                        (ii) Has ch~rter provisions that provide that:
SB948
                                                 (a) Directors and officers of the organization serve without

                                       compensation;
                                                 (b) The organization is irrevocably dedicated to and operated

                                       exclusively for not-for-profit purposes;
                                                 (c) No part of the income or assets of the organization are

                                       distributed to nor inure to the benefit of any individual;
                                                 (d) In the event of dissolution of the organization or other

                                       liquidation of its assets, the organization's property shall not be
                                       conveyed to any individual for less than the fair-market value of such
                                       property; and

                                                 (e) All assets remaining after payment of the organization's
                                       debts must be conveyed or distributed only to an organization or
                                       organizations created and operated for not-for-profit purposes similar
                                       to those of the organization; and
                             (D) "Veteran experiencing homelessness" means a former member of the
                    United States armed forces who is in receipt of a Veterans Affairs Supportive Housing
                    voucher or other form of rental subsidy designated for veterans experiencing or at risk
                    of homelessness, or who is referred to the subject property through a coordinated
                    entry system by a local housing placement organization created to assist veterans in
                    need of housing.
          SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.

                                                                2
         SENATE BILL NO. 948

PASSED:  Apri I 16, 2025

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                          '                      RANDYl\l~

                             SPEAKER OF THE SENATE

                          CAMERO~XTON,SPEAKER

                          HOUSE OF REPRESENTATIVES

Et:_ ~ APPROVED this                                        2025
         day of

         BILL Lcc,G?1VERNOR
Every fact on this page links to its source, starting with the official bill record.