Bill Text: AZ HB2841 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed
Bill Title: Municipal zoning; housing overlay
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-03-12 - House Committee of the Whole action: Do Pass Amended [HB2841 Detail]
Download: Arizona-2020-HB2841-Engrossed.html
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House Engrossed
municipal zoning; housing overlay
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State of Arizona House of Representatives Fifty-fourth Legislature Second Regular Session 2020
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HOUSE BILL 2841 |
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AN ACT
amending title 9, chapter 4, article 6.1, arizona revised statutes, by adding section 9-462.09; amending section 32-2183, arizona revised statutes; relating to zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.09, to read:
9-462.09. Housing; state preemption; zoning overlay district; definitions
A. housing affordability is a matter of statewide concern. regulation of housing within the designated housing affordability zoning overlay district pursuant to this section is not subject to further regulation by a city, town or political subdivision of this state, including a charter city.
b. NOTWITHSTANDING ANY OTHER LAW, on or before JULY 1, 2025, A MUNICIPALITY SHALL ADOPT BY ORDINANCE A HOUSING AFFORDABILITY ZONING OVERLAY DISTRICT OVER AT LEAST one PERCENT OF ALL VACANT LAND that is ZONED FOR SINGLE-FAMILY RESIDENTIAL USE within the municipality AS OF THE EFFECTIVE DATE OF THIS Section. THE HOUSING AFFORDABILITY ZONING OVERLAY district may ALLOW a subdivider to construct A QUALIFYING DEVELOPMENT of not more than FIFTEEN DWELLING UNITS PER ACRE FOR SALE. THE MUNICIPALITY SHALL UPDATE THE ORDINANCE WITH EACH SUCCESSIVE GENERAL PLAN TO ENSURE THAT THE HOUSING AFFORDABILITY ZONING OVERLAY district APPLIES TO AT LEAST one PERCENT OF THE REMAINING VACANT LAND that is ZONED FOR SINGLE‑FAMILY USE within the municipality.
c. WITHIN THE HOUSING AFFORDABILITY ZONING OVERLAY district, A MUNICIPALITY MAY NOT DENY A BUILDING PERMIT OR APPROVAL that is REQUIRED AS A CONDITION OF development or CONSTRUCTION FOR FAILURE TO COMPLY WITH and may not enforce ANY CODE, ORDINANCE, STANDARD, STIPULATION, GUIDELINE OR ANY OTHER LEGAL REQUIREMENT RELATING TO OR REGULATING DWELLING DESIGN ELEMENTS. a municipality may limit landscaping materials to approved drought-tolerant trees, plants and shrubs and may require compliance with title 41, chapter 9, article 8 and applicable federal law with regard to sidewalk placement and design.
d. subsection c of this section DOES NOT APPLY TO A CODE, ORDINANCE, STANDARD, STIPULATION, GUIDELINE OR OTHER LEGAL REQUIREMENT THAT IS:
1. A REQUIREMENT OF AN APPLICABLE MINIMUM STANDARD BUILDING CODE that complies with sections 9-807 and 9-808, including any adopted local amendments that are not related to a dwelling design element.
2. APPLIED TO MANUFACTURED HOMES IN A MANNER CONSISTENT WITH TITLE 41, CHAPTER 37, ARTICLE 3 OR APPLICABLE FEDERAL LAW.
3. REQUIRED AS A CONDITION OF PARTICIPATING IN THE NATIONAL FLOOD INSURANCE PROGRAM.
4. A STIPULATION ON A RECORDED SUBDIVISION PLAT ADOPTED BY THE MUNICIPALITY before THE EFFECTIVE DATE OF THIS SECTION.
e. a municipality shall grant or deny a building permit or approval that is required as a condition of development or construction of a qualifying development within one hundred twenty days after a subdivider submits a completed application. if a municipality does not grant or deny a building permit or an approval that is required as a condition of development or construction of a qualifying development within one hundred twenty days after the subdivider submits a completed application, the applicant may proceed with development or construction of a qualifying development without a building permit or the municipality's approval. A MUNICIPALITY MAY WITHHOLD A CERTIFICATE OF OCCUPANCY OR FINAL APPROVAL FOR FAILURE TO COMPLY WITH ANY OBJECTIVE HEALTH OR SAFETY REQUIREMENT.
F. A MUNICIPALITY MAY ADOPT A REASONABLE REPORTING REQUIREMENT TO DETERMINE IF THE subdivider that is selling newly constructed dwellings within the qualifying development CONTINUES TO MEET THE CERTIFICATION REQUIREMENT of the municipality pursuant to THIS SECTION. IF A MUNICIPALITY DETERMINES THAT A subdivider IS NOT COMPLYING WITH THE CERTIFICATION REQUIRED by THIS SECTION, THE MUNICIPALITY MAY REQUEST THAT THE state real estate department REVOKE THE subdivider'S PUBLIC REPORT ISSUED PURSUANT TO SECTION 32-2183. ON RECEIPT OF THE REQUEST TO REVOKE THE subdivider's PUBLIC REPORT, THE state real estate department SHALL FORWARD THE REQUEST TO THE subdivider. IF THE subdivider fails TO DEMONSTRATE TO THE DEPARTMENT that the subdivider is complying WITH THE CERTIFICATION REQUIRED BY THIS SECTION WITHIN SIXTY DAYS AFTER the department receives THE REQUEST TO REVOKE THE subdivider'S PUBLIC REPORT, THE DEPARTMENT SHALL REVOKE THE subdivider'S PUBLIC REPORT IN ACCORDANCE WITH SECTION 32‑2183.
g. ANY subdivider APPLICANT OR ANY HOUSING ORGANIZATION MAY BRING AN ACTION IN the SUPERIOR COURT TO ENFORCE THE REQUIREMENTS OF THIS SECTION.
h. THE REQUIREMENTS AND LIMITATIONS PLACED ON A MUNICIPALITY by this section SHALL BE CONSTRUED TO ENSURE THAT THE MUNICIPALITY IS NOT ENACTING REGULATIONS THAT DISCOURAGE THE DEVELOPMENT OF QUALIFYING DEVELOPMENTS THROUGH UNREASONABLE COST OR DELAY.
i. THE ORDINANCE REQUIRED By subsection b of this section SHALL BE ADOPTED FOLLOWING THE PROCEDURE PRESCRIBED IN THE CITIZEN REVIEW PROCESS REQUIRED BY SECTION 9-462.03 AND IN THE MANNER prescribed by SECTION 9‑462.04.
j. THIS SECTION DOES NOT:
1. PROHIBIT A MUNICIPALITY FROM allowing THE DEVELOPMENT AND CONSTRUCTION OF DWELLING UNITS IN ACCORDANCE WITH THE UNDERLYING ZONING DISTRICT OR APPROVING A REZONING REQUEST UNDER THE MUNICIPALITY'S ZONING ORDINANCE.
2. AFFECT THE VALIDITY OR ENFORCEABILITY OF PRIVATE COVENANTS OR OTHER CONTRACTUAL AGREEMENTS AMONG PROPERTY OWNERS RELATING TO DWELLING DESIGN ELEMENTS.
3. CREATE ANY NEW STATUTORY AUTHORITY TO REGULATE RESIDENTIAL SUBDIVISION DEVELOPMENT OR THE DESIGN OR CONSTRUCTION OF RESIDENTIAL DWELLINGS.
k. FOR the PURPOSES OF THIS SECTION:
1. "DWELLING" MEANS A SINGLE-family OR MULTIFAMILY UNIT DESIGNED FOR RESIDENTIAL USE AND COMMON AREAS AND IMPROVEMENTS THAT ARE OWNED OR MAINTAINED BY AN ASSOCIATION OR BY MEMBERS OF AN ASSOCIATION.
2. "DWELLING DESIGN ELEMENTS" INCLUDEs:
(a) THE NUMBER AND VARIATIONS OF FLOOR PLANS AND EXTERIOR ELEVATIONS, INCLUDING THE SELECTION OF THE FLOOR PLAN AND ELEVATION TO BE BUILT ON EACH LOT.
(b) THE SIZE AND NUMBER OF STORIES OF THE DWELLING.
(c) EXTERIOR BUILDING COLOR AND MATERIALS.
(d) TYPE OR STYLE OF EXTERIOR CLADDING MATERIALS.
(e) STYLE, MATERIALS, SHAPE, PITCH AND ARTICULATION OF THE ROOF STRUCTURE.
(f) STYLE, MATERIALS, SIZE, SHAPE AND INCLUSION OF PORCHES AND PATIOS.
(g) EXTERIOR NONSTRUCTURAL ARCHITECTURAL ORNAMENTATION.
(h) LOCATION, ARCHITECTURAL STYLING, MATERIALS AND SIZE OF GARAGES, GARAGE DOORS AND DRIVEWAYS.
(i) PLACEMENT AND ORIENTATION OF GARAGE DOORS RELATIVE TO THE FRONT FAÇADE OF THE DWELLING SPACE.
(j) THE INTERIOR LAYOUT AND SIZE OF ROOMS, HALLWAYS AND FLOORPLANS.
(k) LANDSCAPING AND LANDSCAPE MAINTENANCE REQUIREMENTS.
(l) SIDEWALK PLACEMENT AND DESIGN.
(m) THE DESIGN, DECORATION AND LANDSCAPING OF THE REAR YARD, SIDE YARD AND ANY AREA THAT IS NOT VISIBLE OR ACCESSIBLE TO THE PUBLIC.
(n) ANY OTHER ARCHITECTURAL OR AESTHETIC ELEMENT THAT DOES NOT DIRECTLY AFFECT AN OBJECTIVE AND IDENTIFIED HEALTH OR SAFETY CONDITION.
3. "HOUSING ORGANIZATION" MEANS A TRADE OR INDUSTRY GROUP WHOSE MEMBERS ARE ENGAGED IN THE DEVELOPMENT OF RESIDENTIAL SUBDIVISIONS OR THE CONSTRUCTION OF NEW DWELLINGS.
4. "MINIMUM STANDARD BUILDING CODE" MEANS THE FOLLOWING UNAMENDED CODES, HOWEVER DENOMINATED:
(a) the INTERNATIONAL BUILDING CODE.
(b) the NATIONAL ELECTRICal CODE.
(c) the INTERNATIONAL FUEL GAS CODE.
(d) the INTERNATIONAL MECHANICAL CODE.
(e) the INTERNATIONAL PLUMBING CODE.
(f) the INTERNATIONAL RESIDENTIAL CODE.
(g) the INTERNATIONAL FIRE CODE.
(h) the INTERNATIONAL ENERGY CONSERVATION CODE.
5. "OBJECTIVE" MEANS INVOLVING NO PERSONAL OR SUBJECTIVE JUDGMENT BY A MUNICIPAL EMPLOYEE OR OFFICIAL AND BEING UNIFORMLY VERIFIABLE BY REFERENCE TO AN EXTERNAL AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH A QUALIFYING DEVELOPMENT APPLICANT OR PROPONENT AND A MUNICIPAL EMPLOYEE OR OFFICIAL.
6. "QUALIFYING DEVELOPMENT" MEANS A DEVELOPMENT IN WHICH THE APPLICANT CERTIFIES IN WRITING TO THE MUNICIPALITY THAT THE SALES PRICE OF ALL OF THE NEWLY CONSTRUCTED DWELLINGS, INCLUDING OPTIONS SELECTED AT THE SOLE DISCRETION OF THE PURCHASER, WILL BE NOT MORE THAN THE FEDERAL HOUSING ADMINISTRATION LOAN LIMITS FOR THE JURISDICTION IN WHICH THE DEVELOPMENT IS LOCATED AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
7. "subdivider" means any person who offers for sale or lease six or more lots, parcels or fractional interests in a subdivision or who causes land to be subdivided into a subdivision for the subdivider or others, or who undertakes to develop a subdivision, but does not include a public agency or officer authorized by law to create subdivisions.
Sec. 2. Section 32-2183, Arizona Revised Statutes, is amended to read:
32-2183. Subdivision public reports; denial of issuance; unlawful sales; voidable sale or lease; order prohibiting sale or lease; investigations; hearings; summary orders
A. Upon On examination of a subdivision, the commissioner, unless there are grounds for denial, shall issue to the subdivider a public report authorizing the sale or lease in this state of the lots, parcels or fractional interests within the subdivision. The report shall contain the data obtained in accordance with section 32‑2181 and any other information which that the commissioner determines is necessary to implement the purposes of this article. If any of the lots, parcels or fractional interests within the subdivision are located within territory in the vicinity of a military airport or ancillary military facility as defined in section 28‑8461, under a military training route as delineated in the military training route map prepared pursuant to section 37‑102, under restricted air space as delineated in the restricted air space map prepared pursuant to section 37‑102 or contained in the military electronics range as delineated in the military electronics range map prepared pursuant to section 37‑102, the report shall include, in bold twelve point twelve-point font block letters on the first page of the report, the statements required pursuant to section 28‑8484, subsection A, section 32‑2183.05 or section 32‑2183.06 and, if the department has been provided a map prepared pursuant to section 28‑8484, subsection B or section 37‑102, the report shall include a copy of the map. The military airport report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2001 or on or before December 31 of the year in which the lots, parcels or fractional interests within a subdivision become territory in the vicinity of a military airport or ancillary military facility. The military training route report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2004. The restricted air space report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2006. The military electronics range report requirements do not require the amendment or reissuance of any public report issued on or before December 31, 2008. The commissioner shall require the subdivider to reproduce the report, make the report available to each initial prospective customer and furnish each initial buyer or lessee with a copy before the buyer or lessee signs any offer to purchase or lease, taking a receipt therefor.
B. This section shall not be construed to does not require a public report issued sixty or fewer days prior to before the filing of the military electronics range map prepared pursuant to section 37‑102 to meet the military electronics range notification requirements of this section.
C. A public report issued sixty-one or more days after the filing of the military electronics range map prepared pursuant to section 37‑102 shall meet all of the requirements of subsection A of this section.
D. Notwithstanding subsection A of this section, a subdivider may elect to prepare a final public report for use in the sale of improved lots as defined in section 32‑2101, as follows:
1. The subdivider shall prepare the public report and provide a copy of the report to the commissioner with the submission of the notification required by sections 32‑2181 and 32‑2184 and shall comply with all other requirements of this article.
2. An initial filing fee of five hundred dollars $500 or an amended filing fee of two hundred fifty dollars $250 shall accompany the notification required by paragraph 1 of this subsection.
3. The department shall assign a registration number to each notification and public report submitted pursuant to this subsection and shall maintain a database of all of these submissions. The subdivider shall place the number on each public report.
4. On receipt of the notification and public report, the department shall review and issue within ten business days either a certification that the notification and public report are administratively complete or a denial letter if it appears that the application or project is not in compliance with all legal requirements, that the applicant has a background of violations of state or federal law or that the applicant or project presents an unnecessary risk of harm to the public. If the commissioner has received the notification and public report but has not issued a certification or a denial letter within ten business days pursuant to this paragraph, the notification and public report are administratively complete.
5. A subdivider may commence sales or leasing activities as permitted allowed under this article after obtaining a certificate of administrative completeness from the commissioner.
6. Before or after the commissioner issues a certificate of administrative completeness or, if applicable, after the notification and public report are deemed to be administratively complete pursuant to paragraph 4 of this subsection, the department may examine any public report, subdivision or applicant that has applied for or received the certificate. If the commissioner determines that the subdivider or subdivision is not in compliance with any requirement of state law or that grounds exist under this chapter to suspend, deny or revoke a public report, the commissioner may commence an administrative action under section 32‑2154 or 32‑2157. If the subdivider immediately corrects the deficiency and comes into full compliance with state law, the commissioner shall vacate any action that the commissioner may have commenced pursuant to section 32‑2154 or 32‑2157.
7. The department shall provide forms and guidelines for the submission of the notification and public report pursuant to this section.
E. The commissioner may suspend, revoke or deny issuance of a public report on any of the following grounds:
1. Failure to comply with this article or the rules of the commissioner pertaining to this article.
2. The sale or lease would constitute misrepresentation to or deceit or fraud of the purchasers or lessees.
3. Inability to deliver title or other interest contracted for.
4. Inability to demonstrate that adequate financial or other arrangements acceptable to the commissioner have been made for completion of all streets, sewers, electric, gas and water utilities, drainage and flood control facilities, community and recreational facilities and other improvements included in the offering.
5. Failure to make a showing that the lots, parcels or fractional interests can be used for the purpose for which they are offered.
6. The owner, agent, subdivider, officer, director or partner, subdivider trust beneficiary holding ten per cent percent or more direct or indirect beneficial interest or, if a corporation, any stockholder owning ten per cent percent or more of the stock in the corporation has:
(a) Been convicted of a felony or misdemeanor involving fraud or dishonesty or involving conduct of any business or a transaction in real estate, cemetery property, time‑share timeshare intervals or membership camping campgrounds or contracts.
(b) Been permanently or temporarily enjoined by order, judgment or decree from engaging in or continuing any conduct or practice in connection with the sale or purchase of real estate or cemetery property, time‑share timeshare intervals, membership camping contracts or campgrounds, or securities or involving consumer fraud or the racketeering laws of this state.
(c) Had an administrative order entered against him the person by a real estate regulatory agency or security regulatory agency.
(d) Had an adverse decision or judgment entered against him the person involving fraud or dishonesty or involving the conduct of any business or transaction in real estate, cemetery property, time‑share timeshare intervals or membership camping campgrounds or contracts.
(e) Disregarded or violated this chapter or the rules of the commissioner pertaining to this chapter.
(f) Controlled an entity to which subdivision (b), (c), (d) or (e) of this parargraph applies.
7. Procurement or an attempt to procure a public report by fraud, misrepresentation or deceit or by filing an application for a public report that is materially false or misleading.
8. Failure of the declaration for a condominium created pursuant to title 33, chapter 9, article 2 to comply with the requirements of section 33‑1215 or failure of the plat for the condominium to comply with the requirements of section 33‑1219. The commissioner may require an applicant for a public report to submit a notarized statement signed by the subdivider or an engineer or attorney licensed to practice in this state certifying that the condominium plat and declaration of condominium are in compliance with the requirements of sections 33‑1215 and 33‑1219. If the notarized statement is provided, the commissioner is entitled to rely on this statement.
9. Failure of any blanket encumbrance or valid supplementary agreement executed by the holder of the blanket encumbrance to contain provisions that enable the purchaser to acquire title to a lot or parcel free of the lien of the blanket encumbrance, on completion of all payments and performance of all of the terms and provisions required to be made or performed by the purchaser under the real estate sales contract by which the purchaser has acquired the lot or parcel. The subdivider shall file copies of documents acceptable to the commissioner containing these provisions with the commissioner before the sale of any subdivision lot or parcel subject to a blanket encumbrance.
10. Failure to demonstrate permanent access to the subdivision lots or parcels.
11. The use of the lots presents an unreasonable health risk.
12. The subdivider fails to demonstrate that the subdivider is complying with the certification requirement pursuant to section 9-462.09.
F. It is unlawful for a subdivider to sell any lot in a subdivision unless one of the following occurs:
1. All proposed or promised subdivision improvements are completed.
2. The completion of all proposed or promised subdivision improvements is assured by financial arrangements acceptable to the commissioner. The financial arrangements may be made in phases for common community and recreation facilities required by a municipality or county as a stipulation for approval of a plan for a master planned community.
3. The municipal or county government agrees to prohibit occupancy and the subdivider agrees not to close escrow for lots in the subdivision until all proposed or promised subdivision improvements are completed.
4. The municipal or county government enters into an assurance agreement with any trustee not to convey lots until improvements are completed within the portion of the subdivision containing these lots, if the improvements can be used and maintained separately from the improvements required for the entire subdivision plat. The agreement shall be recorded in the county in which the subdivision is located.
G. If the subdivision is within an active management area, as defined in section 45‑402, the commissioner shall deny issuance of a public report or the use of any exemption pursuant to section 32‑2181.02, subsection B unless the subdivider has been issued a certificate of assured water supply by the director of water resources and has paid all applicable fees pursuant to sections 48‑3772 and 48‑3774.01, or unless the subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an assured water supply by the director of water resources pursuant to section 45‑576 or is exempt from the requirement pursuant to section 45‑576.
H. In areas outside of active management areas, if the subdivision is located in a county that has adopted the provision authorized by section 11‑823, subsection A or in a city or town that has enacted an ordinance pursuant to section 9‑463.01, subsection O, the commissioner shall deny issuance of a public report or the use of any exemption pursuant to section 32‑2181.02, subsection B unless one of the following applies:
1. The director of water resources has reported pursuant to section 45‑108 that the subdivision has an adequate water supply.
2. The subdivider has obtained a written commitment of water service for the subdivision from a city, town or private water company designated as having an adequate water supply by the director of water resources pursuant to section 45‑108.
3. The plat was approved pursuant to an exemption authorized by section 9‑463.01, subsection K, pursuant to an exemption authorized by section 11‑823, subsection B, paragraph 1, pursuant to an exemption granted by the director of water resources under section 45‑108.02 and the exemption has not expired or pursuant to an exemption granted by the director of water resources under section 45‑108.03.
4. The subdivision received final plat approval from the city, town or county before the requirement for an adequate water supply became effective in the city, town or county, and there have been no material changes to the plat since the final plat approval. If changes were made to the plat after the final plat approval, the director of water resources shall determine whether the changes are material pursuant to the rules adopted by the director to implement section 45‑108.
I. A subdivider shall not sell or lease or offer for sale or lease in this state any lots, parcels or fractional interests in a subdivision without first obtaining a public report from the commissioner except as provided in section 32‑2181.01 or 32‑2181.02, and a certificate of administrative completeness issued pursuant to this section. Unless exempt, the sale or lease of subdivided lands prior to before issuance of the public report or failure to deliver the public report to the purchaser or lessee shall render the sale or lease rescindable by the purchaser or lessee. An action by the purchaser or lessee to rescind the transaction shall be brought within three years of after the date of execution of the purchase or lease agreement by the purchaser or lessee. In any rescission action, the prevailing party is entitled to reasonable attorney fees as determined by the court.
J. On a print advertisement in a magazine or newspaper or on an internet advertisement that advertises a specific lot or parcel of a subdivider, the subdivider shall include a disclosure stating that "a public report is available on the state real estate department's website".
K. Any applicant objecting to the denial of a public report, within thirty days after receipt of the order of denial, may file a written request for a hearing. The commissioner shall hold the hearing within twenty days after receipt of the request for a hearing unless the party requesting the hearing has requested a postponement. If the hearing is not held within twenty days after a request for a hearing is received, plus the period of any postponement, or if a proposed decision is not rendered within forty‑five days after submission, the order of denial shall be rescinded and a public report issued.
L. On the commissioner's own motion, or when the commissioner has received a complaint and has satisfactory evidence that the subdivider or the subdivider's agent is violating this article or the rules of the commissioner or has engaged in any unlawful practice as defined prescribed in section 44‑1522 with respect to the sale of subdivided lands or deviated from the provisions of the public report, the commissioner may investigate the subdivision project and examine the books and records of the subdivider. For the purpose of examination, the subdivider shall keep and maintain records of all sales transactions and funds received by the subdivider pursuant to the sales transactions and shall make them accessible to the commissioner upon on reasonable notice and demand.
M. On the commissioner's own motion, or when the commissioner has received a complaint and has satisfactory evidence that any person has violated this article or the rules of the commissioner or has engaged in any unlawful practice as defined prescribed in section 44‑1522 with respect to the sale of subdivided lands or deviated from the provisions of the public report or special order of exemption, or has been indicted for fraud or against whom an information for fraud has been filed or has been convicted of a felony, before or after the commissioner issues the public report as provided in subsection A of this section, the commissioner may conduct an investigation of the matter, issue a summary order as provided in section 32‑2157, or provide notice and hold a public hearing and, after the hearing, may issue the order or orders the commissioner deems necessary to protect the public interest and ensure compliance with the law, rules or public report or the commissioner may bring action in any court of competent jurisdiction against the person to enjoin the person from continuing the violation or engaging in or doing any act or acts in furtherance of the violation. The court may make orders or judgments, including the appointment of a receiver, necessary to prevent the use or employment by a person of any unlawful practices, or which may be necessary to restore to any person in interest any monies or property, real or personal, that may have been acquired by means of any practice in this article declared to be unlawful.
N. When it appears to the commissioner that a person has engaged in or is engaging in a practice declared to be unlawful by this article and that the person is concealing assets or self or has made arrangements to conceal assets or is about to leave the state, the commissioner may apply to the superior court, ex parte, for an order appointing a receiver of the assets of the person or for a writ of ne exeat, or both.
O. The court, on receipt of an application for the appointment of a receiver or for a writ of ne exeat, or both, shall examine the verified application of the commissioner and other evidence that the commissioner may present the court. If satisfied that the interests of the public require the appointment of a receiver or the issuance of a writ of ne exeat without notice, the court shall issue an order appointing the receiver or issue the writ, or both. If the court determines that the interests of the public will not be harmed by the giving of notice, the court shall set a time for a hearing and require notice to be given as the court deems satisfactory.
P. If the court appoints a receiver without notice, the court shall further direct that a copy of the order appointing a receiver be served on the person engaged in or engaging in a practice declared to be unlawful under this article by delivering the order to the last address of the person that is on file with the state real estate department. The order shall inform the person that the person has the right to request a hearing within ten days of after the date of the order and, if requested, the hearing shall be held within thirty days from after the date of the order.
Sec. 3. Study committee on workforce housing supply and affordability; membership; duties; delayed repeal
A. The study committee on workforce housing supply and affordability is established consisting of the following members:
1. Three members of the senate who are appointed by the president of the senate, not more than two of whom are members of the same political party. The president of the senate shall designate one of these members to serve as cochairperson of the committee.
2. Three members of the house of representatives who are appointed by the speaker of the house of representatives, not more than two of whom are members of the same political party. The speaker of the house of representatives shall designate one of these members to serve as cochairperson of the committee.
B. The committee shall research and identify the factors contributing to the increase in housing costs and the lack of workforce housing, including government regulations and the cost of labor and materials. The committee shall make recommendations on reducing and eliminating municipal zoning, land use and other regulations to make workforce housing less costly, expedite development and construction approvals and increase the supply of workforce housing without using tax credits or subsidies including:
1. Examining how municipal zoning, land use and other regulations increase the cost of housing and reduce the supply of housing.
2. Recommending reforms to municipal zoning to increase the supply of workforce housing and make workforce housing more affordable.
3. Reducing or eliminating municipal regulations related to the development, design and construction of new housing, including architectural and aesthetic regulations.
4. Reducing and eliminating municipal land use regulations related to residential subdivision layout and design.
5. Reducing or eliminating other state and municipal regulations that increase the cost of workforce housing or decrease the supply of workforce housing.
6. Reducing time delays in the permitting and approval processes for all permits and approvals required as a condition of development and construction of housing.
7. Creating a pro-housing regulatory environment to ensure that municipalities are not enacting regulations that discourage or impede the development of workforce housing through unreasonable cost or delay.
C. The committee may hold hearings, conduct fact-finding tours and take testimony from witnesses. All hearings of the committee shall be open to the public.
D. On request of the committee, an agency of this state or a political subdivision of this state shall provide the committee with its services, equipment, documents, personnel and facilities to the extent possible without cost to the committee.
E. On or before, December 15, 2020, the committee shall submit a report regarding its findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.
F. This section is repealed from and after June 30, 2021.
