Bill
LB 223
LB223 adds lawful source of income to the Nebraska Fair Housing Act, banning housing discrimination based on income sources like Social Security, alimony, or housing benefits.
LB223 — Summary of Key Provisions and Impact
Overview
- Bill number: LB223
- Title: Prohibit discrimination based on lawful source of income under the Nebraska Fair Housing Act
- Introduced: January 14, 2025
- Committee hearing: Notice of hearing set for January 30, 2025
- Sponsor: Senator Dunixi Guereca
- Purpose: To eliminate housing discrimination based on lawful source of income by adding lawful income sources to protected categories under the Nebraska Fair Housing Act.
What the bill does (main purposes and changes)
- Expands protections: LB223 adds “lawful source of income” to the list of protected characteristics in the Nebraska Fair Housing Act. This means individuals cannot be discriminated against in housing transactions because of where their income comes from.
- Defined lawful sources of income: The bill defines lawful source of income to include:
- Income from social security, child support, foster care subsidies, alimony, veterans benefits, and other forms of federal, state, or local public general assistance or housing assistance.
- Any form of housing assistance payment or credit.
- Any other form of lawful income.
- Prohibited actions: The bill makes it unlawful to:
- Refuse to sell or rent, negotiate for sale or rent, or otherwise make housing unavailable based on lawful source of income.
- Discriminate in terms, conditions, or privileges of sale or rental due to lawful source of income or related public assistance.
- Publish notices or advertisements indicating discriminatory preferences related to lawful income sources.
- Represent to individuals that a dwelling is not available for inspection, sale, or rental because of lawful income or related assistance.
- Engage in other discriminatory practices tied to lawful income sources.
- Administration and enforcement:
- The Nebraska Equal Opportunity Commission administers the Fair Housing Act, with the State Fire Marshal handling accessibility standards, and county attorneys enforcing provisions (in coordination with the Commission).
- The Act preserves the Commission’s existing powers to investigate, conciliate, issue regulations, hold hearings, subpoena witnesses, and publish findings, including those that concern discrimination based on lawful source of income.
Key provisions and statutory changes (selected highlights)
- Section 20-139: Administering framework for the Fair Housing Act remains with the Equal Opportunity Commission, with county attorneys enforcing certain provisions; explicitly includes lawful source of income as a protected category in applicable procedures and conciliation.
- Section 20-301 to 20-344 (and related sections): Revisions to reflect the expanded protections, harmonize definitions, and explicitly include lawful source of income within discriminatory practices, advertising prohibitions, and permissible administrative actions.
- Section 20-303 and 20-317/20-318: Definitions updated to incorporate lawful source of income; clarifications on what constitutes a “restrictive covenant” and the scope of unlawful practices in housing transactions.
Who is affected
- Individuals seeking housing (renters and buyers) who receive income from the sources listed (e.g., Social Security, child support, veterans benefits, alimony, foster care subsidies, housing assistance).
- Landlords, property managers, and housing providers are prohibited from discriminating on the basis of lawful income sources.
- State and local government agencies, the Nebraska Equal Opportunity Commission, the State Fire Marshal (for accessibility-related provisions), and county attorneys involved in enforcement and litigation.
Timeline and process considerations
- Law proposed in 2025 with a hearing notice set for January 30, 2025.
- If enacted, amendments would take effect per the statute’s standard effective-date provisions (not specified in the available excerpt, but typically effective upon enactment or a future date defined in the act).
Notes
- LB223 also indicates an intent to repeal and replace related sections to harmonize the Nebraska Fair Housing Act with the new lawful source of income protections.
- The bill aligns Nebraska’s Fair Housing Act with broader efforts to prohibit income-based discrimination in housing markets.
This summary focuses on the substantive changes and their potential impact on tenants, landlords, and enforcement agencies.
Compiled from official sources — confirm details with the bill’s official record.
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