Nebraska bill would bar cities from requiring landlords to accept federal housing vouchers

Senator Robert Dover introduced LB809 as a clarifying statute to "prevent Nebraska municipalities from adopting similar ordinances" to those that would compel landlords to participate in federal housing assistance, citing recent litigation in Missouri that led to a preliminary injunction. Dover said LB809 would not stop voluntary participation or affordable-housing development but would protect property owners from ordinance-driven litigation.

Supporters — including the Apartment Association of Nebraska, the Nebraska Realtors Association, property managers and third-party management firms — told the committee mandatory participation would require landlords to enter third-party contracts, endure warrantless inspections, and face delays and compliance costs associated with HUD and housing authority rules. Ryan Norman, representing apartments, said similar laws have been passed in multiple states and argued that forcing participation can create Fourth Amendment and contractual issues; several proponent witnesses urged the committee to seek the attorney general’s view.

Opponents — including tenant advocates, veterans who used vouchers, Legal Aid, Nebraska Appleseed, the Nebraska Commission on African American Affairs, and local housing advocates — testified that source-of-income protections help voucher holders, veterans and survivors find housing, and that bans on local protections would worsen access. Witnesses cited high voucher failure rates, long waits for vouchers, and local experiments (for example in Lincoln) that, they said, increased placements. Several organizations urged the committee to instead advance LB223, a statewide source-of-income protection proposal.

Committee members asked whether courts should resolve the constitutional question and whether state preemption was premature; proponents said passage could avoid costly litigation and align Nebraska with other states. No formal action was taken.