Bill Summary – FastDemocracy

FILED SENATE
                                                                                          May 7, 2024
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 905
                                      SESSION 2023           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS45460-ST-80
     Short Title:   Employee Housing/Durham County.                                              (Local)
     Sponsors:      Senator Woodard (Primary Sponsor).
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO AUTHORIZE THE DURHAM PUBLIC SCHOOLS BOARD OF EDUCATION
     AND THE COUNTY OF DURHAM TO PROVIDE AFFORDABLE RENTAL HOUSING
     FOR TEACHERS, POLICE OFFICERS, FIRST RESPONDERS, AND OTHER
     EMPLOYEES OF DURHAM PUBLIC SCHOOLS AND DURHAM COUNTY.
 The General Assembly of North Carolina enacts:
             SECTION 1. Notwithstanding G.S. 66-58, G.S. 115C-518, and Article 12 of
 Chapter 160A of the General Statutes, or any other provision of law, and subject to the restrictions
 set out in this act, the Durham Public Schools Board of Education and the County of Durham
 may enter into a partnership, joint venture, land trust, or similar arrangement with each other to
 construct, provide, and maintain affordable housing on property now owned by the Durham
 Public Schools Board of Education or by the County of Durham.
             SECTION 2. Notwithstanding G.S. 66-58, G.S. 115C-518, and Article 12 of
 Chapter 160A of the General Statutes, or any other provision of law, this act authorizes the
 Durham Public Schools Board of Education and the County of Durham to convey property owned
 by either local government or both local governments to such partnership, joint venture, land
 trust, or similar arrangement for the purposes of constructing, providing, and maintaining
 affordable housing for Durham Public Schools Board of Education teachers, sworn law
 enforcement officers, or other first responders employed by local governments in Durham
 County and, if units remain available, to Durham Public Schools Board of Education employees.
 The Durham Public Schools Board of Education and the County of Durham shall not transfer
 property acquired on or after the effective date of this act by eminent domain to the partnership,
 joint venture, land trust, or similar arrangement created pursuant to this act.
             SECTION 3. Notwithstanding G.S. 66-58, G.S. 115C-518, and Article 12 of
 Chapter 160A of the General Statutes, or any other provision of law, Durham Public Schools
 Board of Education and the County of Durham, or the partnership, joint venture, land trust, or
 similar arrangement created pursuant to this act, may contract with any person, partnership,
 corporation, or other business entity to finance, construct, or maintain such affordable housing.
             SECTION 4. Notwithstanding G.S. 66-58, G.S. 115C-518, and Article 12 of
 Chapter 160A of the General Statutes, or any other provision of law, the Durham Public Schools
 Board of Education, the County of Durham, or the partnership, joint venture, land trust, or similar
 arrangement created pursuant to this act may enter into residential housing unit lease agreements
 at reasonable rents for the housing units constructed, provided, maintained, or leased pursuant to
 this act and may in its discretion charge below-market rates. The Durham Public Schools Board
 of Education, the County of Durham, or the partnership, joint venture, land trust, or similar
 arrangement created pursuant to this act shall restrict the rental of such units exclusively to
                                    *DRS45460-ST-80*
    General Assembly Of North Carolina                                                Session 2023
 Durham Public Schools Board of Education teachers, sworn law enforcement officers, or other
 first responders employed by local governments in Durham County and, if units remain available,
 to Durham Public Schools Board of Education employees. Of housing constructed, provided,
 maintained, or leased pursuant to this act, at least seventy-five percent (75%) of housing units
 shall be reserved for use by Durham Public Schools Board of Education teachers.
             SECTION 5. This act shall not exempt any affordable housing units constructed,
 provided, maintained, or leased pursuant to this act from compliance with applicable building
 codes, zoning ordinances, or any other health and safety statutes, rules, or regulations.
             SECTION 6. This act is effective when it becomes law.
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