Nebraska Legislature Bill LB 809
- sarahcooper402
- Jan 28
- 3 min read
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About LB 809:
Prohibit political subdivisions from enacting certain ordinances relating to landlords
Why We Support LB 809
1. LB 809 Protects Voluntary Participation
LB 809 does not prohibit housing assistance programs.
It ensures landlord participation in voucher or assistance programs remains voluntary, not mandated by local ordinance.
Property owners must retain the right to evaluate administrative burdens, inspection standards, payment timing, and contract terms.
2. One Statewide Standard Prevents Local Overreach
Without LB 809, landlords face a patchwork of conflicting city ordinances.
A rental property in one city could be subject to rules that differ entirely from a neighboring community.
Significant housing policy such as Source of Income should be set at the state level, not through inconsistent local mandates.
3. Source-of-Income Mandates Are Not Cost-Free
Voucher programs often impose:
Delayed or partial payments
Mandatory inspections and re-inspections
Rigid lease terms outside the landlord’s control
LB 809 recognizes that these costs and risks cannot be shifted to private owners by ordinance.
4. Reinforces Nebraska’s Longstanding Opposition to Rent Control
Nebraska has consistently rejected rent control because it:
Reduces housing supply
Discourages reinvestment
Increases long-term housing costs
LB 809 prevents cities from imposing rent control by another name.
5. Respects Home Rule While Setting Clear Limits
Home rule authority should not extend to compelling private contracts.
LB809 strikes the right balance: cities may incentivize housing but not mandate participation.
Voluntary programs remain fully allowed.
6. Protects Small Property Owners
Most MOPOA and SPOA members are small operators, not large corporations.
Forced participation can disproportionately harm owners with:
One to three properties
Limited cash flow
Mortgages and rising operating costs
LB 809 helps keep these owners in the market — which preserves housing supply.
7. Legal Clarity Reduces Litigation
LB 809 clearly states that violating ordinances are null and void.
This avoids costly lawsuits simply to determine whether a local ordinance is enforceable.
Clarity benefits landlords, tenants, and local governments alike.
LB 809 is about choice, consistency, and fairness. It protects private property rights while still allowing cities to pursue affordable housing through voluntary, incentive-based programs.
Public Hearing:
Wednesday, February 4th, 2026 at 1:30pm
Room 1525
What Can You Do?
The MOPOA Board of Directors respectfully asks you to support LB 809. Please consider using the text below - or modifying it as needed with a concise and impactful personal touch - to help convey the importance of passing LB 809 this legislative session.
Step 1: Click HERE
Step 2: Click the "Submit Comments Online for LB 809" button
Step 3: Once you confirm "I Understand" it will provide you a form to submit to our Judicial Committee
Step 4: Feel free to copy & paste the verbiage below
Step 5: Check your email to verify your submission (make sure to check your spam folder)
COMMENTS MUST SUBMITTED BY WEDNESDAY, FEBRUARY 4th AT 8:00am
Suggested Text:
You can copy and edit the below text.
Support LB 809. LB 809 upholds long-standing Nebraska policy that matters involving private contracts and property rights require statewide uniformity, not a patchwork of local mandates. The bill does not prohibit housing assistance programs or fair housing protections; it simply ensures participation remains voluntary and that local governments cannot compel private landlords into contracts or impose rent control—directly or indirectly—without legislative authorization. Nebraska has consistently rejected rent control and has recognized limits on home-rule authority when local ordinances conflict with state law. By providing clarity and preventing unconstitutional overreach, LB 809 protects housing supply, reduces litigation, and preserves the small property owners who provide much of Nebraska’s naturally affordable housing. I respectfully urge the Committee to advance LB 809.
Sample Form:
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