LB840 LB840
2024 2024
LEGISLATIVE BILL 840
Approved by the Governor April 17, 2024
Introduced by McKinney, 11; Conrad, 46; Cavanaugh, J., 9.
A BILL FOR AN ACT relating to cities; to amend sections 71-1572, 71-1594,
71-1598, 71-15,104, 71-15,106, 71-15,139, and 71-15,150, Reissue Revised Statutes of Nebraska, and sections 81-1237 and 81-1238, Revised Statutes Supplement, 2023; to adopt the Poverty Elimination Action Plan Act; to change provisions of the Nebraska Housing Agency Act relating to
commissioners and staff, conflicts of interest, notices, and requirements for certain housing agencies relating to meetings, complaints, compliance with federal law relating to administrative grievance procedures, and appointment of counsel for public housing residents in termination hearings and eviction proceedings; to redefine a term and change requirements for workforce housing grants under the Middle Income Workforce Housing Investment Act; to harmonize provisions; to provide operative dates; and to repeal the original sections.
Be it enacted by the people of the State of Nebraska,
Section 1. Sections 1 to 5 of this act shall be known and may be cited as
the Poverty Elimination Action Plan Act.
Sec. 2. The Legislature finds that there is a need to address the problem of poverty in high-poverty areas, qualified census tracts, and economic redevelopment areas in the state. The purpose of the Poverty Elimination Action Plan Act is to create a comprehensive, statewide poverty elimination action plan to address the specific poverty challenges faced in such areas and tracts and promote upward mobility and sustainability.
Sec. 3. For purposes of the Poverty Elimination Action Plan Act:
(1) City means any city of the metropolitan class or city of the primary class;
(2) Economic redevelopment area means an area in the State of Nebraska in
which:
(a) The average rate of unemployment in the area during the period covered by the most recent federal decennial census or American Community Survey 5-Year Estimate by the United States Bureau of the Census is at least one hundred fifty percent of the average rate of unemployment in the state during the same period; and
(b) The average poverty rate in the area is twenty percent or more for the federal census tract in the area;
(3) High-poverty area means an area consisting of one or more contiguous census tracts, as determined by the most recent federal decennial census, which contain a percentage of persons with incomes below the poverty line of greater than thirty percent, and all census tracts contiguous to such tract or tracts,
as determined by the most recent federal decennial census; and
(4) Qualified census tract means a qualified census tract as defined in 26
U.S.C. 42(d)(5)(B)(ii)(I), as such section existed on January 1, 2024.
Sec. 4. (1) No later than July 1, 2025, each city shall establish and adopt a five-year poverty elimination action plan. The city shall electronically submit a copy of the plan to the Urban Affairs Committee of the Legislature and the Clerk of the Legislature. The plan shall include, but not be limited to:
(a) Goals for poverty elimination in high-poverty areas, qualified census tracts, and economic redevelopment areas; and
(b) Plans for the use of federal, state, and local incentives to eliminate poverty in high-poverty areas, qualified census tracts, and economic redevelopment areas.
(2) Each city shall reevaluate its poverty elimination action plan every two years and update its plan every five years to ensure its effectiveness and relevance. Updated plans shall be electronically submitted by the city to the Urban Affairs Committee of the Legislature and the Clerk of the Legislature.
Sec. 5. (1) On or before July 1, 2025, and on or before July 1 of each odd-numbered year thereafter, each city shall electronically submit a report to
the Urban Affairs Committee of the Legislature detailing its efforts to
eliminate poverty. The report shall encompass the following key components:
(a) Needs Assessment. Conducting a comprehensive needs assessment to
identify challenges in housing, education, health care, employment, access to
capital, economic development, and social services in target areas;
(b) Community Engagement. Involving residents, community organizations,
and stakeholders in the planning process to ensure community input;
(c) Data Analysis. Utilizing data and research to understand root causes of poverty and measure the impact of interventions;
(d) Education and Job Training. Developing accessible education and job training programs in sectors with growth potential;
(e) Affordable Housing. Implementing strategies to increase affordable housing options, address homelessness, and promote home ownership;
(f) Health Care Access. Improving access to quality health care services,
including mental health and substance abuse treatment;
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(g) Economic Development. Attracting investments to stimulate local business growth and job creation;
(h) Transportation and Infrastructure. Investing in transportation options and infrastructure improvements;
(i) Social Services. Expanding access to social services such as child care, food assistance, and counseling;
(j) Equity and Inclusion. Promoting equity and inclusivity, and addressing disparities based on race, gender, and other factors;
(k) Accountability and Evaluation. Establishing metrics for progress tracking and regular evaluations;
(l) Funding and Resources. Securing funding from various sources,
including government grants and private investments;
(m) Long-Term Sustainability. Developing a long-term sustainability plan to maintain improvements;
(n) Coordination and Collaboration. Fostering coordination and collaboration among government agencies, nonprofit organizations, and businesses; and
(o) Public Awareness. Promoting awareness of the city's efforts, goals,
and progress through communication and outreach efforts.
(2) The Urban Affairs Committee of the Legislature may request any city to
present its report to the committee at a public hearing.
Sec. 6. Section 71-1572, Reissue Revised Statutes of Nebraska, is amended to read:
71-1572 Sections 71-1572 to 71-15,168 and sections 11 and 12 of this act shall be known and may be cited as the Nebraska Housing Agency Act.
Sec. 7. Section 71-1594, Reissue Revised Statutes of Nebraska, is amended to read:
71-1594 (1) When the governing body of any city or county, as the case may be, has determined by resolution or ordinance as set forth in section 71-1578
that it is expedient to establish a local housing agency:
(a) In the case of cities other than cities of the metropolitan class, the chief elected official of such city shall appoint at least five and not more than seven adult persons;
(b) In the case of cities of the metropolitan class, the chief elected official of such city shall appoint nine seven adult persons; and
(c) In the case of counties, the county board shall appoint at least five and not more than seven adult persons.
(2) All such persons shall be residents of the area of operation of the agency. If the selection of one or more a resident commissioners commissioner is required under section 71-15,104, any such persons then at least one such person shall be a resident commissioners commissioner selected as provided in
such section. Such persons so appointed shall constitute the governing body of
the local housing agency and shall be called commissioners.
Sec. 8. Section 71-1598, Reissue Revised Statutes of Nebraska, is amended to read:
71-1598 (1) In the case of local housing agencies, the commissioners who are first appointed shall be designated to serve for terms of one, two, three,
four, and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed for terms of five years; and .
(2) In the case of housing agencies when the appointing authority has elected to have more than five commissioners as provided in section 71-1594 or has elected to add one or two commissioners to a presently existing housing agency, the sixth commissioner who is first appointed shall be designated to
serve for a term of four years and the additional commissioners who are first appointed shall be designated to serve for terms of five years from the date of
appointment. Thereafter , but thereafter the commissioners shall be appointed for terms of five years.
Sec. 9. Section 71-15,104, Reissue Revised Statutes of Nebraska, is amended to read:
71-15,104 (1)(a) Except as provided in subsection (4) of this section,
each (1) Each housing agency created under the Nebraska Housing Agency Act shall include among the commissioners constituting the governing body of such local housing agency at least one commissioner who shall be known as a resident commissioner.
(b) For purposes of this section, resident commissioner means a member of
the governing board of a local housing agency whose eligibility for membership is based upon such person's status as a recipient of direct assistance from the agency except as otherwise provided in this section.
(2) No later than thirty days after any vacancy in the office of a resident commissioner, the local housing agency shall notify any resident advisory board or other resident organization and all adult persons directly assisted by such agency to the effect that the position of resident commissioner is open and that if any such person is interested in being considered as a candidate for the position, such person should notify the local housing agency within thirty days after such notice of the person's willingness to be considered and to serve in the position.
(3) For a housing agency other than a housing agency established by a city of the metropolitan class, the The resident commissioner shall be selected,
either by an election or by appointment, as follows:
(a) The housing agency may hold an election, allowing each adult direct recipient of its assistance to vote by secret written ballot, at such time and place, or through the mail, as such agency may choose, all to be conducted within thirty days after the receipt of names of candidates as provided in
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subsection (2) of this section. The candidate receiving the most votes shall serve as resident commissioner;
(b) If the housing agency decides not to hold an election, the names of
all persons interested who have notified the housing agency as provided in
subsection (2) of this section of their interest in so serving shall be
forwarded to the mayor or to the county board, as the case may be, and the resident commissioner shall be appointed from the list of names, as provided in
section 71-1594, subject to confirmation as provided in section 71-1596. In the case of a regional housing agency, the regional board of commissioners shall make such an appointment from among the persons interested in such position;
and
(c) If no qualified person has submitted to the local housing agency his or her name as a candidate for the position, then the mayor, county board, or regional housing agency, as the case may be, shall fill the position from among all adult persons receiving direct assistance from the agency subject to
confirmation, in the case of cities and counties, pursuant to section 71-1596.
If a local housing agency owns fewer than three hundred low-income housing units which, for purposes of this subdivision, does not include units of
housing occupied by persons assisted under any rental assistance program and the housing agency has received no notification of interest in serving as a resident commissioner as provided in this section, no resident commissioner shall be required to be selected.
(4)(a) For a housing agency established by a city of the metropolitan class, three resident commissioners shall be selected by appointment. The mayor shall fill the positions from among all adult persons receiving direct assistance from the agency subject to confirmation pursuant to section 71-1596.
At least one of the persons appointed pursuant to this subsection shall be a resident of a public housing facility that has at least fifty units. If the local housing agency owns fewer than three hundred low-income housing units which, for purposes of this subdivision, does not include units of housing occupied by persons assisted under any rental assistance program, and if the housing agency has received no notification of interest in serving as a resident commissioner, no resident commissioner shall be required to be selected.
(b) A resident commissioner of the housing authority who is required by
this section to be a recipient of direct assistance of the housing agency:
(i) Shall not be construed to have a direct or indirect interest in (A)
any housing agency project, (B) any property that is or will be included in any such project, or (C) any housing agency contract for materials or services; and
(ii) Who ceases to meet such requirement may continue to serve until the expiration of his or her current term but shall not be reappointed.
Sec. 10. Section 71-15,106, Reissue Revised Statutes of Nebraska, is amended to read:
71-15,106 (1)(a) The commissioners of each housing agency shall elect a chairperson and vice-chairperson from among the commissioners and shall have power to employ an executive director who shall serve as ex officio secretary of the local housing agency.
(b) Each The agency may also employ legal counsel or engage the attorney of the city or county served by the agency for such legal services as the agency may require unless such employment or engagement will result in an ethical or legal violation. Each The agency may employ accountants, appraisers,
technical experts, and such other officers, agents, and employees as the agency may require and shall determine their qualifications, duties, compensation, and terms of office. A local housing agency may delegate to one or more of its agents or employees such powers and duties as it deems may deem proper.
(2) A housing agency for a city of the metropolitan class shall make all contact information for senior leadership and commissioners publicly available at the agency's offices and on the agency's website. Such contact information shall include telephone numbers and email addresses for each person covered under this subsection.
(3) Prior to any agency board meeting, a housing agency for a city of the metropolitan class shall post all meeting notices and agendas in common spaces at all agency public locations. Such notices and agendas may be posted as
printed material or by means of video display on a television or video monitor located in such common spaces. Prior notice of any board meeting shall also be
made available at the agency's offices and on the agency's website. Opportunity for public comment shall be made at all board meetings, and such public comment shall not be limited only to agenda items.
(4) All commissioners of a housing agency in a city of the metropolitan class shall hold one regular board meeting at least once every ninety days at a public housing facility that has at least one hundred units.
Sec. 11. (1) A housing agency for a city of the metropolitan class shall establish a complaint process. Any resident of an agency property may file a complaint by any of the following means:
(a) A complaint form filled out online on the housing agency's website;
(b) A telephone call made to a housing agency; or
(c) A complaint form filled out in person. Such complaint form shall be
made available at designated offices.
(2) The complaint form, whether completed by the complainant online, in-
person, or by a housing agency employee answering a telephone call complaint,
shall include the following information:
(a) The name of the complainant;
(b) Contact information including the telephone number, email address, and
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mailing address of the complainant;
(c) The nature of the complaint, including, but not limited to, whether a maintenance issue, a discrimination claim, or a rent dispute; and
(d) Relevant dates.
(3) Notice of the right to file a complaint up until the time of an eviction shall be included on both the online and printed complaint form.
(4) The complainant may provide any supporting documentation with the complaint, including, but not limited to, photographs or digital images,
receipts, and correspondence.
(5) Upon receipt of the complaint, the agency shall send an acknowledgment to the complainant by email or regular first-class mail within five business days. Each complaint shall be assigned a unique case number for tracking purposes.
(6) The agency shall conduct a thorough investigation of the complaint,
including, but not limited to, interviewing relevant parties, inspecting property and relevant documents, and reviewing applicable laws and regulations.
(7) The housing authority shall resolve the complaint within fourteen days after receipt of the complaint. If additional time is required, the complainant shall be notified and provided with an updated timeline. Throughout the investigation, the agency shall provide the complainant with regular updates on
the status of the complaint by email, telephone, or regular first-class mail.
(8) The agency shall notify the complainant of the resolution of the complaint in writing within five business days after such resolution. The notice shall include (a) a summary of the investigation findings, (b) the action taken to address the complaint, (c) any remedies or compensation provided, (d) information on how to file a complaint with the political subdivision responsible for code enforcement, if applicable, and (e)
information about the city's complaint process if the complainant is not satisfied with the resolution of the complaint.
(9) The agency shall invite the complainant to provide feedback on the complainant's experience with the complaint process, including suggestions for improvement.
(10) The agency shall monitor complaint trends, analyze root causes, and re