Nevada § 278.235 - Adoption of measures to maintain and develop affordable housing to carry out housing plan required in master plan; conditions under which governing body may reduce or subsidize certain fees; annual reports

§ 278.235. Adoption of measures to maintain and develop affordable housing to carry out housing plan required in master plan; conditions under which governing body may reduce or subsidize certain fees; annual reports

1. If the governing body of a city or county is required to include the housing element

in its master plan pursuant to NRS 278.150 , the governing body, in carrying out the plan for maintaining and developing affordable

housing to meet the housing needs of the community, which is required to be included

in the housing element pursuant to subparagraph (8) of paragraph (c) of subsection

1 of NRS 278.160 , shall adopt at least six of the following measures: (a) Reducing or subsidizing in whole or in part impact fees, fees for the issuance

of building permits collected pursuant to NRS 278.580 and fees imposed for the purpose for which an enterprise fund was created. (b) Selling land owned by the city or county, as applicable, to developers exclusively

for the development of affordable housing at not more than 10 percent of the appraised

value of the land, and requiring that any such savings, subsidy or reduction in price

be passed on to the purchaser of housing in such a development. Nothing in this paragraph authorizes a city or county to obtain land pursuant to

the power of eminent domain for the purposes set forth in this paragraph. (c) Donating land owned by the city or county to a nonprofit organization to be used

for affordable housing. (d) Leasing land by the city or county to be used for affordable housing. (e) Requesting to purchase land owned by the Federal Government at a discounted price

for the creation of affordable housing pursuant to the provisions of section 7(b)

of the Southern Nevada Public Land Management Act of 1998, Public Law 105-263. 1 (f) Establishing a trust fund for affordable housing that must be used for the acquisition,

construction or rehabilitation of affordable housing. (g) Establishing a process that expedites the approval of plans and specifications

relating to maintaining and developing affordable housing. (h) Providing money, support or density bonuses for affordable housing developments

that are financed, wholly or in part, with low-income housing tax credits, private

activity bonds or money from a governmental entity for affordable housing, including,

without limitation, money received pursuant to 12 U.S.C. § 1701q and 42 U.S.C. § 8013 . (i) Providing financial incentives or density bonuses to promote appropriate transit-oriented

or multi-story housing developments that would include an affordable housing component. (j) Offering density bonuses or other incentives to encourage the development of affordable

housing. (k) Providing direct financial assistance to qualified applicants for the purchase

or rental of affordable housing. (l) Providing money for supportive services necessary to enable persons with supportive

housing needs to reside in affordable housing in accordance with a need for supportive

housing identified in the 5-year consolidated plan adopted by the United States Department

of Housing and Urban Development for the city or county pursuant to 42 U.S.C. § 12705 and described in 24 C.F.R. Part 91 . 2. A governing body may reduce or subsidize impact fees, fees for the issuance of

building permits or fees imposed for the purpose for which an enterprise fund was

created to assist in maintaining or developing a project for affordable housing, pursuant

to paragraph (a) of subsection 1, only if: (a) When the incomes of all the residents of the project for affordable housing are

averaged, the housing would be affordable on average for a family with a total gross

income that does not exceed 60 percent of the median gross income for the county concerned

based upon the estimates of the United States Department of Housing and Urban Development

of the most current median gross family income for the county. (b) The governing body has adopted an ordinance that establishes the criteria that

a project for affordable housing must satisfy to receive assistance in maintaining

or developing the project for affordable housing. Such criteria must be designed to put into effect all relevant elements of the master

plan adopted by the governing body pursuant to NRS 278.150 . (c) The project for affordable housing satisfies the criteria set forth in the ordinance

adopted pursuant to paragraph (b). (d) The governing body makes a determination that reducing or subsidizing such fees

will not impair adversely the ability of the governing body to pay, when due, all

interest and principal on any outstanding bonds or any other obligations for which

revenue from such fees was pledged. (e) The governing body holds a public hearing concerning the effect of the reduction

or subsidization of such fees on the economic viability of the general fund of the

city or county, as applicable, and, if applicable, the economic viability of any affected

enterprise fund. 3. On or before July 15 of each year, the governing body shall submit to the Housing

Division of the Department of Business and Industry a report, in the form prescribed

by the Housing Division, of how the measures adopted pursuant to subsection 1 assisted

the city or county in maintaining and developing affordable housing to meet the needs

of the community for the preceding year. The report must include an analysis of the need for affordable housing within the

city or county that exists at the end of the reporting period. The governing body shall cooperate with the Housing Division to ensure that the

information contained in the report is appropriate for inclusion in, and can be effectively

incorporated into, the statewide low-income housing database created pursuant to NRS 319.143 . 4. On or before August 15 of each year, the Housing Division shall compile the reports

submitted pursuant to subsection 3 and post the compilation on the Internet website

of the Housing Division. 1

Section 7(b) of the Southern Nevada Public Land Management Act of 1998, Public Law

105-263, provides:

“(b) AFFORDABLE HOUSING.--The Secretary, in consultation with the Secretary of Housing

and Urban Development, may make available, in accordance with section 203 of the Federal

Land Planning and Management Act of 1976, land in the State of Nevada at less than

fair market value and under other such terms and conditions as he may determine for

affordable housing purposes. Such lands shall be made available only to State or

local governmental entities, including local public housing authorities. For the

purposes of this subsection, housing shall be considered to be affordable housing

if the housing serves low-income families as defined in section 104 of the Cranston-Gonzalez

National Affordable Housing Act (42 U.S.C. 12704).”