Housing

HB 802 aimed to revise Montana's zoning laws concerning the rental of primary residences. The bill stipulated that county and municipal zoning regulations could not prohibit the short-term rental of a property owner's primary residence, an accessory dwelling unit on the same parcel, or a residence on a neighboring lot. A "primary residence" was defined as a dwelling occupied by the owner for at least 183 days annually. This measure would have established these specific short-term rentals as permissible uses, limiting local government authority to ban them.

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.

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.