Two new laws aimed at increasing Montana's housing supply have been blocked from taking effect. A group of homeowners argue the laws are unconstitutional.
Gallatin County District Court Judge Mike Salvagni temporarily blocked the two laws while litigation plays out, saying the policy could cause irreparable harm.
Salvagni will allow two other laws being challenged in their suit to stand.
The blocked laws would require cities to permit the construction of more multi-family and accessory dwelling units, regardless of local regulations. The laws are part of a package championed by lawmakers aimed at Montana’s lack of affordable housing.
A group of homeowners filed suit, arguing the new rules will jeopardize property values and violate homeowners’ constitutional rights to public participation, equal protection and due process in land use planning.
Advocates and lawmakers on both sides of the aisle expressed frustration with the judge’s ruling saying it will prevent new housing from being built. Republican Sen. Greg Hertz of Polson said in a statement that the laws were “thoroughly vetted in the normal legislative process.” Nathan Dugan with nonprofit Shelter WF said the ruling will add to the wait for “Montanans most desperately in need of stable housing.”
