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Committee tables bill to protect owners’ ability to rent primary residences after long debate
Summary
House Bill 8 02, which would make rental of an owner’s primary residence and certain accessory dwelling units a permissible use not subject to local bans, generated extensive testimony from homeowners and opponents worried about housing supply and local control; the committee tabled the measure.
Representative Shannon Maness introduced House Bill 8 02 to clarify that the rental of a primary residence or an accessory dwelling unit (ADU) on the same lot or on an adjacent lot the owner also owns is a permissible use under county and municipal zoning.
Representative Maness said the bill focuses narrowly on owner‑occupied primary residences and ADUs, establishing a statutory definition of primary residence (the bill text refers to demonstrated occupancy for 183 days per year) and protecting an owner’s ability to rent that primary residence for any duration. He said the bill does not target out‑of‑state investors or investment properties; rather it aims to preserve property owners’ ability to earn supplemental income from renting a dwelling they occupy.
Supporters filled the hearing room and the online queue. Witnesses included homeowners, small business owners, the Montana Landlord Association, the Montana Association of Realtors, and the Helena Landlord Chapter. Proponents described renting primary residences and ADUs as a critical tool to pay mortgages, property taxes, insurance, and to keep homes — citing personal examples of families who rely on rental income to remain in their homes. Several proponents urged protection of property rights and urged the committee to approve the bill.
Opponents included the Montana League of Cities and Towns, the Montana Association of Counties, Shelter Whitefish, and the Montana Association of Planners. Kelly Lynch of the League noted that similar provisions are the subject of Senate Bill 336, which has been negotiated among stakeholders (including short‑term rental platforms, hospitality groups and municipalities) and already advanced in the Senate. Opponents warned that the House bill duplicates SB 336 and would preempt local zoning decisions, undermining locally calibrated approaches to where short‑term rentals are allowed. Shelter Whitefish testified that short‑term rentals can reduce long‑term rental supply and increase rents in tight housing markets; the Montana Association of Counties and municipal groups urged patience and reconciliation with SB 336 to avoid conflicting statutes.
During executive action the committee considered a substitute motion to table; committee leaders and association counsel urged tabling to allow the Senate bill work to proceed and to avoid duplicative or conflicting statutes. The substitute motion to table passed on a voice vote and the bill was tabled.
Votes at a glance: House Bill 8 02 — outcome: tabled by committee (substitute motion to table; voice vote).
