Legislative Efforts & Updates

Legislative

AAN is a member of the Nebraska Association of Commercial Property Owners (NACPO) and works with NACPO’s lobbyists to advocate on behalf of the apartment industry and commercial property industry in Nebraska.  AAN takes the same position as NACPO on legislation introduced and debated at the Nebraska Legislature.  

🔹LB809 — Limits on Local Ordinances Related to Landlords - SUPPORT
Prohibits political subdivisions from enacting certain local landlord-tenant ordinances.
Unless expressly permitted by other state law, a local government shall not have the power to enact or enforce any ordinance that prohibits landlords from refusing to lease or rent privately owned single-family or multiple-unit residential or commercial rental property to a person because of the person’s lawful source of income to pay rent includes funding from a federal or other housing assistance program.
·  The bill protects private landlords from being compelled into third-party government contracts, including participation in housing assistance programs they have not voluntarily agreed to.
·  Participation in programs such as Section 8 should remain voluntary. These programs impose significant administrative and operational burdens that are not present in traditional private-market leasing.
·  Housing assistance programs often create increased vacancy loss due to required unit inspections, inspection delays, and restrictions on allowable move-in dates that are outside a landlord’s control.
·  Additional requirements tied to third-party programs increase operating costs, extend unit downtime, and reduce housing availability—especially for small and mid-size housing providers.
·  Allowing local governments to mandate participation in voucher programs discourages private investment in rental housing and reduces overall supply.
LB809.pdf

🔹LB880 — Rental Payment Methods / Fee Restrictions - Oppose
Prohibits residential landlords from banning or charging extra fees for tenant payments made by automated clearinghouse transfer (ACH).
·  The bill’s language is overly vague and does not provide necessary carve-outs for common and legally required payment practices during lease default.
·  Landlords must retain the ability to reject late payments, partial payments, or payments made after default when acceptance could interfere with enforcement rights or court proceedings.
·  Certain situations require certified funds (such as cashier’s checks or money orders), particularly after repeated nonpayment or during eviction processes. LB880 does not clearly allow for this.
·  ACH payments are often offered by third-party banks or payment processors that may not provide timely or adequate notification for accurate and reasonable reconciliation.
·  Some third-party payment providers charge transaction or processing fees to management companies, which are legitimate operational costs that should reasonably be shared with tenants who choose that payment method.
·  When landlords provide analternative, free payment option, modest convenience or courtesy fees for optional payment methods are generally accepted and understood by consumers.
LB880.pdf

🔹LB1007 — Security Deposits & Nondisclosure Terms - Oppose
Would prohibit landlords from keeping a security deposit when a rental agreement is not signed and ban nondisclosure provisions in rental contracts.
·  Allowing forfeiture of a holding or security deposit when an approved applicant fails to execute a lease or take occupancy limits exposure for both the tenant and the landlord compared to the financial obligations associated with breaking an executed lease.
·  Nebraska law already limits security deposits to one month’s rent, ensuring the amount at risk is reasonable, predictable, and capped.
·  Once an applicant is approved, landlords often hold the unit off the market for several weeks in anticipation of the agreed-upon move-in date.
          *When a tenant fails to follow through, the landlord sustains real vacancy loss, including lost rent, additional marketing time, and administrative costs.
·  Holding deposits discourage applicants from submitting multiple deposits at different properties simultaneously, which reduces artificial demand and market inefficiencies.
·  The current system provides a fair balance: tenants have limited financial exposure, and landlords have a modest remedy for vacancy loss.
·  Eliminating this tool will lead to longer vacancy periods, higher rents, and more restrictive application practices.
LB1007.pdf

🔹LB980 — Landlord-Tenant Act Changes (Jury Waivers / Court Process) - Monitor
Amends the Uniform Residential Landlord and Tenant Act regarding waivers of jury trials, summons language, summary judgment, expedited proceedings, and court cost/attorney’s fee provisions.

• Allowing landlords and tenants to waive jury trials in possession actions
• Updating summons and notice requirements
• Allowing summary judgment and expedited possession proceedings
• Permitting courts to award court costs and attorney’s fees in jury trial cases

Members of NACPO and ANN are working in close collaboration with Senator Bosn and key stakeholders to facilitate bill amendments aimed at minimizing the impact this bill will have on members.  In the interim, it is highly recommended lease agreements are modified to include a “mutual waiver of jury trial”.  If you currently utilize a Blue Moon lease, this language is already present.   
LB980.pdf

Current Information

For the most current information on government issues facing multi-family housing, visit:

National Apartment Association
4300 Wilson Blvd, Suite 400, Arlington, VA 22203
703/ 518-6141 FAX: 703/ 248-9440
www.naahq.org

The National Multi Housing Council
1850 M Street, NW, Suite 540
Washington, DC 20036
www.nmhc.org

Committees

Nebraska Legislative Committees

For up-to-date information about legislative issues in Nebraska visit the Legislature website to contact any of the state legislators or committee chairs.

Standing Committee Chairmanships:

Senator John Arch of Sarpy County was elected Speaker of the Legislature. Senator Ray Aguilar of Grand Island was elected chair of the Executive Committee. The newly elected chairs of the Legislature’s fourteen standing committees and their hometowns are:

Agriculture Committee Chair – Senator Barry DeKay

Appropriations Committee Chair – Senator Robert Clements

Banking, Commerce, and Insurance Committee Chair – Senator Mike Jacobson

Business and Labor Committee Chair – Senatory Kathleen Kauth

Education Committee Chair – Senator Dave Murman

General Affairs Committee Chair – Senator Rick Holdcroft

Military, and Veterans Affairs Committee Chair – Senator Rita Sanders

Health and Human Services Committee Chair – Senator Brian Hardin

Judiciary Committee Chair – Senator Carolyn Bosn

Natural Resources Committee Chair – Senator Tom Brandt

Retirement Systems Chair – Senator Beau Ballard

Revenue Committee Chair – Senator R. Brad von Gillern

Transportation and Telecommunications Committee Chair – Senator Mike Moser

Urban Affairs Committee Chair – Senator Terrell McKinney