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LB 266

Prohibit political subdivisions from enacting ordinances which have the effect of imposing rent controls on private property

109th Legislature (2025-2026) Introduced by Robert Dover and 1 co-sponsor

LB266 bars local governments from enacting or enforcing rent control ordinances, with limited exceptions for affordable-housing tools or voluntary private programs.

Approved by Governor on April 7, 2025
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Bill Summary · LB 266

Summary — LB266 (2025)

Status: Approved by the Governor April 7, 2025 (became law)
Introduced: January 15, 2025
Primary sponsor: Sen. Robert Dover; Cosponsor: Sen. Rita Sanders
Final vote (Nebraska Legislature, Final Reading): 37–10–2

Purpose

LB266 prohibits cities, villages, counties and their agencies/subdivisions from adopting or enforcing local laws that would have the effect of imposing rent controls on private property. The bill is intended to preempt local rent‑control measures while preserving certain limited tools for promoting affordable housing.

Key provisions

  • Defines terms for the statute:
    • "Local government" = any city, village, county, or any agency/subdivision thereof.
    • "Ordinance" = any local law, including ordinances, resolutions, rules, or regulations.
  • Prohibition: Except as expressly allowed by state law or by the bill’s exceptions, a local government may not enact or enforce any ordinance that would have the effect of imposing rent controls on private property.
  • Two express exceptions:
    1. Ordinances adopted to increase the supply of affordable housing that do so through land‑use or inclusionary housing requirements.
    2. Programs that a private property owner voluntarily and contractually agrees to participate in and that restrict rent and rent increases.
  • Preemption and enforcement:
    • The statute applies notwithstanding any home‑rule charter (state preemption of local authority).
    • Any local ordinance found to violate the statute is declared null and void.

Who is affected

  • Local governments (cities, villages, counties, and their subdivisions) — prohibited from enacting/enforcing rent‑control measures.
  • Landlords and private property owners — protected from mandatory local rent‑control obligations, while still able to enter voluntary affordability programs.
  • Tenants and housing advocates — unable to rely on local rent‑control ordinances for rent limits; may be affected by alternative local affordable‑housing measures (inclusionary zoning, voluntary programs).
  • Developers and affordable‑housing programs — retain ability to use land‑use and inclusionary requirements to increase affordable supply.

Legislative history & process

  • Referred to Government, Military and Veterans Affairs Committee on Jan 17, 2025; committee hearing Jan 29, 2025 (advanced to General File).
  • Advanced through Select File and Final Reading; passed Final Reading March 3, 2025 (final recorded as 37–10–2).
  • Presented to the Governor April 3, 2025; approved April 7, 2025.
  • Committee supporters included Nebraska Taxpayers for Freedom and property‑owner associations; opposition testimony included the Women’s Fund of Omaha.

Notes and considerations

  • The bill prohibits ordinances that “have the effect of imposing rent controls” but does not provide a statutory definition of “rent controls,” which may raise interpretive or legal questions about the scope of covered measures.
  • The statute expressly overrides local home‑rule authority and invalidates conflicting local ordinances.

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

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