Housing

HB 416 requires homeowners' associations (HOAs) to obtain permission from property owners before an HOA agent may enter their private real property. When seeking permission, the HOA must propose a convenient date and time for the owner and specify which part of the property the agent needs to access. Property owners have the option to require their presence or their agent's presence during the HOA's entry. This bill clarifies rules for HOA access to private property, but it does not affect access to areas generally open to the public like sidewalks.

SB 149 revises laws regarding emotional support animals (ESAs) in housing, affecting tenants with disabilities and landlords. The bill allows landlords to request specific documentation from a licensed health care practitioner if a tenant's need for an ESA is not readily apparent. This documentation must come from a practitioner with an established client-provider relationship who has conducted a clinical evaluation and identified the specific therapeutic support the animal provides. The bill also clarifies that ESA registration cards alone are not sufficient proof and holds tenants liable for damages caused by their emotional support animals.

HJ 30 is a joint resolution requesting an interim study on methods to increase housing density and affordability across Montana. The study will be conducted by an appropriate interim committee or staff designated by the Legislative Council. It will investigate incentives for local governments to increase housing density, review state programs supporting housing, and analyze the economic implications of increased density, including property taxes. The study will also identify programs to fund water and wastewater systems for local governments, with final results reported to the 70th Legislature by September 15, 2026.

HB 311 requires landlords and property managers to refund residential rental application fees to applicants who do not ultimately sign a rental agreement. Landlords may deduct costs for specific services actually performed, such as a credit check, if the applicant was given written notice of these allocated costs when the fee was collected. However, they cannot retain fees for services not performed or for their own time. If an application fee is wrongfully withheld, an applicant can take civil action to recover the amount, with potential for attorney fees.

SB 172 allows Montana resort communities and areas (designated under state law with populations under 3,500 that rely heavily on tourism) to use an additional 1% resort tax - previously restricted to infrastructure - specifically for workforce housing. The bill amends tax code sections to explicitly permit this new allocation, alongside existing infrastructure uses, for communities that qualify under the defined criteria. It does not create new taxes but changes how existing resort tax revenue may be spent, directly affecting designated resort districts and communities. The policy shift aims to address housing needs for local workers in tourism-dependent areas.