An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, in ordinances, further providing for ordinances.

2025-2026 Regular Session Introduced by Lisa Borowski and 10 co-sponsors

Durham County and DPS may partner to develop and lease affordable housing on public land for teachers, police, and first responders, with at least 75% reserved for DPS teachers.

Act No. 3 of 2025

Summary — HB 209: Employee Housing / Durham County

Status: Passed first reading (Feb 27, 2025); referred to Judiciary 2, Education‑K‑12, State & Local Government, and Rules. Introduced: Feb 25, 2025. Sponsor: Rep. Alston (primary); co‑sponsors in edition: Reps. Hawkins, Jeffers, Morey.

Purpose
- Authorizes Durham County and the Durham Public Schools (DPS) Board of Education to use public land and partner with others to create, lease, and maintain affordable rental housing targeted to teachers, sworn law enforcement officers, first responders, and (if units remain) other DPS employees. The intent is to expand affordable housing options for essential local employees.

Key provisions
- Authorization to partner: DPS Board and Durham County may form partnerships, joint ventures, land trusts, or similar arrangements with each other to develop and maintain affordable housing on property currently owned by either local government.
- Conveyance of public property: Either entity may convey existing property it owns to such partnerships for the housing purpose. (Exception: property acquired by eminent domain on or after the act’s effective date may NOT be transferred to these arrangements.)
- Private contracting permitted: The local entities or the partnership may contract with private persons or entities to finance, construct, or maintain the housing.
- Leasing and rents: The entities (or partnership) may enter residential leases at “reasonable rents” and may charge below‑market rates at their discretion.
- Residency restrictions: Units must be rented exclusively to Durham Public Schools teachers, sworn law enforcement officers, or other first responders employed by local governments in Durham County. If units remain available, they may be offered to other DPS employees.
- Set‑aside for teachers: At least 75% of units developed under the act must be reserved for DPS teachers.
- Standards and compliance: Housing created under the act remains subject to applicable building codes, zoning ordinances, and other health and safety laws — the act does not create exemptions.

Who is affected
- Primary: Durham Public Schools teachers (priority), sworn law enforcement officers, local first responders, and other DPS employees (if space).
- Local governments: Durham County and Durham Public Schools (authority to use property, enter partnerships, convey property, and contract).
- Private developers/financiers: Eligible to contract with the public entities or partnerships.
- Local communities: Potential land use and neighborhood impacts; projects remain subject to local codes and zoning.

Procedural/timeline notes and potential impacts
- The bill is a local enabling statute (specific to Durham County). It becomes effective upon enactment.
- Expected impacts include increased locally targeted affordable housing stock for essential employees, use of existing public land to meet workforce housing needs, and potential fiscal/administrative responsibilities for participating public entities. The act preserves normal building, safety, and zoning compliance, and restricts transfer of property taken by eminent domain after the effective date.