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LC 3244

Allow covenants that provide housing affordability

2025 Regular Session

Montana bill LC 3244 authorizes property covenants restricting housing to affordable prices or income-qualified tenants, creating legal affordability restrictions on future sales.

(LC) Draft Delivered to Requester
#contracts(seealso:publiccontracts) #housing #property
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Bill Summary · LC 3244

Legislative bill overview

LC 3244 would authorize Montana property owners to establish covenants that legally restrict housing to affordable price points or income-qualified tenants. This creates a legal mechanism for voluntary deed restrictions that bind future property transfers to affordability requirements.

Why is this important

Housing affordability is a critical challenge across Montana, with rising property values pricing out working families. Allowing affordability covenants could enable nonprofits, municipalities, and private owners to create permanently affordable units without relying solely on government subsidies, while giving property owners tools to shape development in their communities.

Potential points of contention

  • Property rights tension: Some argue mandatory affordability covenants restrict owner freedoms and property value realization; others counter that voluntary covenants represent consensual agreements
  • Long-term enforceability: Questions about whether perpetual affordability restrictions can be practically monitored and enforced across multiple future property transfers
  • Market impact uncertainty: Unclear whether this reduces housing supply, increases affordability, or creates inequitable two-tier housing markets within communities

Compiled from official sources — confirm details with the bill’s official record.

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