AN ACT relating to regulation of occupancies by local governments.
Summary
SB335 would limit the authority of Kentucky local governments to regulate how many people may live in a dwelling unit. Specifically, cities, counties, charter counties, urban-county governments, unified local governments, consolidated local governments, and special districts could not adopt or enforce occupancy rules that cap a dwelling at fewer than two occupants per bedroom. The bill also bars local rules that distinguish between occupants based on whether they are related, unrelated, or married to one another.
The bill preserves local enforcement of the state building code and any uniform fire-safety or building-safety standards. In effect, it preempts local occupancy ordinances that are more restrictive than the statewide baseline, while leaving intact safety-related regulations tied to construction, fire protection, and building conditions.
Impact
SB335 would amend Kentucky law by creating a new section in KRS Chapter 65 that limits local government home-rule authority over residential occupancy standards. It would affect local zoning, housing, and occupancy ordinances by preventing localities from imposing family-based occupancy restrictions or bedroom-based limits below the bill’s threshold, while preserving statewide building and fire code enforcement. The practical impact would be on municipalities, landlords, tenants, and housing regulators, particularly in areas that use occupancy rules to address density, neighborhood character, or student housing.
Sentiment
No committee transcripts or recorded votes were provided, so there is no direct evidence of legislative debate or formal support/opposition in the materials supplied. Based on the bill text alone, the measure appears to reflect a deregulatory, preemption-oriented approach favoring uniform statewide occupancy standards over local discretion. The absence of voting history makes it impossible to assess whether the bill has broad backing or significant resistance within the legislature.
Contention
The main point of contention is likely to be the balance between local control and statewide uniformity. Supporters would likely argue that local governments should not be able to discriminate against unrelated occupants or impose overly restrictive bedroom-based occupancy caps, while opponents may argue that localities need flexibility to manage density, neighborhood impacts, and housing conditions. A secondary issue is whether the bill could limit local efforts to address overcrowding or preserve single-family neighborhood character, though the bill expressly preserves building and fire safety enforcement.