Montana Supreme Court allows two laws aimed at increasing the housing supply to stand

By 
 September 5, 2024

Many Americans are struggling with inflated housing prices, a situation which some experts say is unlikely to change any time soon.

However, Montana legislators are expressing hope after the state Supreme Court allowed a pair of housing-related laws to remain in place. 

Laws allows for construction of duplexes, accessory dwelling units

According to KTVH, the two statues in question are Senate Bill 323, which was sponsored by Republican state Sen. Jeremy Trebas, and Republican state Sen. Greg Hertz's Senate Bill 528.

Senate Bill 323 mandates that cities with a population in excess of 5,000 allow duplex to be built anywhere that the construction of single-family residences is permitted.

Meanwhile, Senate Bill 528 stipulates that local jurisdiction must allow "accessory dwelling units," a term which refers to smaller residential units which share the same lot as a single-family home.

The laws were challenged by a group called Montanans Against Irresponsible Densification (MAID), which succeeded in getting a Bozeman judge to issue a preliminary injunction blocking them. Yet the state's highest judicial body lifted it on Thursday, meaning both statutes will remain in effect while MAID'S lawsuit plays out.

Republican Senate president hails ruling

Tuesday's ruling was welcomed by Republican Senate President Sen. Jason Ellsworth, who declared, "The Montana Supreme Court got this one right and I thank them for that."

"It’s unfortunate that judicial activism in the Gallatin County District Court has improperly delayed pro-housing reforms for nearly a year as Montanans face ever-increasing housing costs," KTVH quoted him as saying.

"I encourage the courts to reject future spurious legal arguments from the plaintiffs and let the Legislature's bipartisan pro-housing reforms begin to chip away at Montana’s housing crisis," Ellsworth asserted.

"We must build more affordable and attainable housing for young families, working Montanans, retirees, and everyone else struggling with housing costs," the lawmaker concluded.

Governor: Home owner key to "the American dream"

KTVH noted that Montana Republican Gov. Greg Gianforte also put out a social media statement which praised the decision, saying, "Home ownership is a key part of the American dream."

"I appreciate the Montana Supreme Court for rejecting this injunction, which held back two key reforms identified by our bipartisan Housing Task Force and passed into law by the Legislature," Gianforte stressed.

"We will continue to find innovative ideas to increase housing supply so that affordable, attainable housing is within reach for every Montanan," he added.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson