Housing

Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; tenant records. Requires a landlord, upon written request by a tenant, to within 10 business days provide such tenant a statement containing all charges and payments incurred by the tenant over the duration of the tenancy or the past 12 months, whichever is shorter. The bill specifies that such statement shall itemize separately rent and the cost of each utility and that the landlord is not obligated to provide such written statement if the landlord owns fewer than four rental dwelling units or less than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth unless the landlord receives any state or local rental or utility assistance funds on behalf of the tenant. The bill additionally directs the Department of Housing and Community Development to, based on input from relevant stakeholders, develop a standardized printable template for the landlord to use to provide the tenant such written statement. The bill has a delayed effective date of July 1, 2027.

Local authority; affordable housing performance grant programs. Allows any locality that has created an industrial development authority or economic development authority (the Authority) to establish, by ordinance, an affordable housing performance grant program. The bill outlines that such ordinance authorizes the Authority to award affordable housing performance grants to qualifying applicants. Such an ordinance must include: (i) a definition of affordable housing; (ii) grant application guidelines and processes, including an identification of the local officer that is designated to receive applications; (iii) criteria for determining whether the construction or improvement of property qualifies for the awarding of the grant; (iv) provisions that require an applicant seeking the award of a grant to acquire appropriate permits and complete the construction or improvement to develop affordable housing before such a grant will be awarded; (v) provisions that require an applicant seeking the award of a grant to present evidence demonstrating that he has filed and recorded a restrictive covenant to provide affordable housing on the property for a set term, as determined by the ordinance, provided that such term shall be no more than 30 years, on the subject qualifying property before such a grant will be awarded; and (vi) a timeline for the Authority to award grants to qualifying applicants, which may be either upon the completion of the construction or improvement of the property, or on January 1 of the year following the completion of the construction or improvement of the property. The bill also limits the total amount of any such grant to being no more than the amount equal to the increase in assessed value resulting from the construction or improvement of a property. Finally, the bill permits a locality that adopts such ordinance to impose a fee, not to exceed $250, to offset the costs of processing an application.

Industrial development authorities; housing. Allows industrial development authorities to exercise their powers with respect to facilities used primarily for single or multi-family residences in order to promote safe and affordable housing in the Commonwealth. Under current law, such powers may be exercised only in a locality where a housing authority has not been activated. The bill also grants industrial development authorities the power to issue bonds associated with the construction of affordable housing.

Zoning; manufactured housing. Amends existing provisions that require localities to permit manufactured housing in areas zoned for agriculture by expanding such requirement to all zoning districts where site-built housing is allowed. The bill provides that manufactured housing shall be subject to development standards that are equivalent to those applicable to site-built single-family dwellings but that such standards shall not have the effect of excluding manufactured housing. The bill also removes the authority of localities without a zoning ordinance to designate the areas within the locality in which manufactured housing may be located. This bill was incorporated into HB 655.

Zoning; adequate public facilities. Allows a locality to determine the timing of development by considering the adequacy of public facilities when making zoning decisions. The bill provides that a locality that makes a determination of inadequate facilities may reject or defer a rezoning application based solely on that determination.

Affordable housing; local zoning ordinance authority. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. In addition to optional increases in density, the bill provides that such program may include certain additional implementation measures including lot size reductions and accessory housing unit allowances. The bill has a delayed effective date of July 1, 2027, and is identical to SB 74.

Charter; City of Virginia Beach; certain land use approvals. Amends the charter for the City of Virginia Beach by providing that no application to rezone property to a higher density or a more intense zoning district south of the blue line, as defined in the bill, shall be approved except by a recorded affirmative vote of three-fourths of all of the members elected to the city council. The bill further provides that no extension of public water and sanitary sewer shall extend south of the blue line absent a public hearing and specific findings by the city council.

Public funding for multifamily residential housing; Virginia Residential Landlord and Tenant Act; common household pets. Requires any multifamily residential housing development receiving an investment of public funds to allow occupants to own or otherwise maintain within the occupant's dwelling unit at least one common household pet, defined in the bill, without restrictions on breed or weight below 65 pounds. The bill additionally requires any landlord subject to the Virginia Residential Landlord and Tenant Act to provide a disclosure with any application for a rental agreement containing a written copy of any terms and conditions of the rental agreement regarding an applicant's ability to own or otherwise maintain a common household pet within the dwelling unit. If such landlord maintains a website regarding the property, such terms and conditions shall additionally be published to such website. The provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly.

Virginia Human Rights Act; unlawful discrimination. Prohibits any state agency or political subdivision in the Commonwealth from supporting, implementing, recognizing, or utilizing any program, process, or procedure that conveys or denies a benefit, advantage, or privilege to an individual based solely on such individual's race, sex, or ethnicity.

County manager plan of government; affordable dwelling unit ordinance. Increases local authority over affordable housing for counties that have adopted the county manager plan of government (Arlington County) by (i) potentially increasing the cash contribution to the county's affordable housing fund by developers in lieu of providing affordable dwelling units and (ii) providing that applications for a special exception approval for a change of use of an existing building from commercial to residential may be subject to an affordable housing requirement.