Housing

Affordable housing; religious organizations and other nonprofit tax-exempt properties. Allows for the administrative approval of development and construction of housing on land owned by property tax-exempt religious organizations or certain property tax-exempt nonprofit organizations and provides that zoning ordinances shall allow the by-right development and construction of housing on real property owned by such organizations, subject to various conditions and limitations. The bill provides that the review of such developments be completed pursuant to general law and states that localities shall not require a special exception, special use permit, conditional use permit, rezoning, or any discretionary review or approval process. The bill requires that at least 60 percent of the housing development's total units be for affordable housing and that the housing development remain affordable for at least 30 years. The bill also provides that all such housing is subject to local real property taxation following completion, unless explicitly exempted by the locality. The bill has a delayed effective date of January 1, 2027, and expires on January 1, 2031. This bill incorporates SB 367 and is identical to HB 1279.

Zoning; development and use of accessory dwelling units. Requires a locality to include in its zoning ordinances for single-family residential zoning districts accessory dwelling units, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from the locality, requires the locality to issue such permit if the person meets certain requirements enumerated in the bill, and restricts the fee for such permit to $500 or less. The bill prohibits the locality from requiring (i) setbacks for the ADU that are greater than the setback required for the primary dwelling or the setback required for accessory structures on the residential lot, whichever is less; (ii) conditions for ADUs that are more restrictive than those for single-family dwellings within the same zoning area with regard to height, rear, or side setbacks, lot size or coverage, or building frontage; or (iii) consanguinity or affinity between the occupants of the ADU and the primary dwelling. The bill has a delayed effective date of July 1, 2027.

Vested rights; rulings or orders of the local circuit court. Provides that a landowner's vested rights in a specific residential project shall not be affected by a subsequent ruling or order of the local circuit court applicable to a zoning ordinance amendment when such ruling or order affects at least 25 individual parcels within a locality unless the significant affirmative governmental act approving such residential project is the direct subject of the ruling or order.

Virginia Residential Landlord and Tenant Act; noncompliance as defense to action for possession for nonpayment of rent. Removes the provision requiring that a tenant in possession of a dwelling unit, prior to asserting a defense against an action for rent or possession, pay into court the amount of rent found by the court to be due and unpaid and for such amount to be held by the court pending the issuance of an order. The bill also limits the discretion of the court in actions for possession based upon nonpayment of rent and actions for rent by a landlord when the tenant is in possession of a dwelling unit.

Virginia Residential Landlord and Tenant Act; civil action for unlawful detainer; termination notice; energy submetering equipment. Provides that no landlord shall file or maintain an action for unlawful detainer against a residential tenant for any alleged lease violation until the landlord has provided the tenant with a proper and effective termination notice and that no notice of termination of tenancy for nonpayment of rent pursuant to the Virginia Residential Landlord and Tenant Act shall be effective unless such notice contains a written statement of charges and payments over the course of the tenancy or the past 12 months, whichever is shorter, and any late charges, attorney fees, costs, and other charges or damages as contracted for in the rental agreement that are due and owing. The bill requires such notice to also include debits and credits incurred by the tenant for energy and utility bills and any additional charges permitted as applicable. The bill also requires the owner of any residential building to maintain adequate records indicating how monthly energy and utility billing fees are calculated and including a history of billing fee payments for each tenant over the duration of the tenancy or the past 12 months, whichever is shorter. Such records shall be made available to the tenant upon request. Finally, the bill removes a provision allowing for the collection of fees when a tenant requests such records. The bill has a delayed effective date of July 1, 2027. This bill is identical to HB 1361.

Virginia Residential Landlord and Tenant Act; Eviction Diversion Program; eligibility. Requires any general district court that implements the Eviction Diversion Program to attach information about the Program, including eligibility criteria, to any summons for unlawful detainer. The bill also alters eligibility requirements for a tenant to participate in the Program. This bill is identical to HB 837.

Virginia Residential Landlord and Tenant Act; rental payment methods; prohibited fees. Requires a landlord subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by check and money order. The bill additionally prohibits such a landlord from requiring a tenant to pay any fee to submit periodic rent payments or other amounts due in excess of the actual out-of-pocket expenses charged to the landlord by a third party to process a payment. Finally, the bill prohibits a landlord from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant's violation of the Virginia Residential Landlord and Tenant Act. This bill is identical to HB 1005.

Virginia Residential Landlord and Tenant Act; enforcement by localities. Provides that if a condition exists in a dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not remedied within a reasonable time frame, constitutes a fire hazard or serious threat to the life, health, or safety of a tenant or occupant of the premises, a locality may institute an action on behalf of any tenant or occupant of the premises who is injured by such material noncompliance for injunction and damages to enforce the landlord's duty to maintain the dwelling unit in a fit and habitable condition, provided that (i) the premises where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the premises, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time after receiving such notice. This bill is identical to HB 14.

Residential property owners; insurance policies; roofing services by contractors; prohibited practices and consumer protection. Prohibits insurers from refusing coverage or canceling, refusing to renew, or increasing the premiums of a policy written to insure an owner-occupied dwelling solely based on the age or condition of the asphalt shingle roof, except in certain circumstances. The bill also contains provisions related to consumer protection in the context of contractors providing roofing services for residential property owners. The bill prohibits certain advertisements and conduct by contractors in such context. The bill includes contract terms that must be included by contractors in such context, and permits a residential property owner to cancel a contract for roofing services in the case of a declaration of a state of emergency by the Governor applicable to the geographic area where the property is located. Provisions of the bill related to prohibited conduct and requirements for contractors providing roofing services are subject to the enforcement provisions of the Consumer Protection Act. The bill has a delayed effective date of January 1, 2027, and is identical to HB 677.

Department of Housing and Community Development; Income-Qualified Energy Efficiency and Weatherization Task Force established; report. Directs the Department of Housing and Community Development to establish, in collaboration with the Department of Energy, and with assistance from the Department of Social Services, the Income-Qualified Energy Efficiency and Weatherization Task Force to determine barriers to access and enrollment in the current energy efficiency programs for income-qualified energy customers and to evaluate and develop a plan to address any necessary improvements regarding coordination among state and federal government agencies for utility services and resources to more effectively deliver energy-efficient housing, weatherization resources, and energy efficiency upgrades for income-qualified individuals and households in the Commonwealth. The bill requires the Task Force to meet at least six times between July 1, 2026, and September 30, 2027, and to submit a report of its findings and recommendations no later than September 30, 2027. The bill specifies that such report shall include policy recommendations and a plan to ensure that weatherization-ready repairs and whole-home energy efficiency retrofits are provided to all eligible income-qualified individuals and households in the Commonwealth residing in multifamily buildings, single-family dwellings, and manufactured homes by December 31, 2034. This bill is identical to HB 3.