Housing

Real estate appraisers; educational requirements for licensure; fair housing and appraisal bias course. Requires, in addition to successfully completing an examination, applicants for licensure as a certified residential real estate appraiser or a certified general real estate appraiser to also successfully complete a fair housing and appraisal bias education course administered or approved by the Real Estate Appraiser Board prior to licensure, the specifics of which are provided in the bill.

Virginia Residential Landlord and Tenant Act; landlord remedies; tenant's right of redemption; attorney fees. Limits attorney fees to $100 when, prior to the initial court date on an action for unlawful detainer, a tenant makes full payment of all money due for (i) rent as of the date of payment; (ii) any late fees authorized by law and the rental agreement; (iii) any damages; and (iv) court costs.

Small lot residential zoning districts. Requires any locality with a population of 50,000 or more to adopt, maintain, and apply to land within its boundaries at least one zoning district classification that permits a single-family dwelling on a lot with a minimum lot area not exceeding 3,000 square feet. The bill provides that such zoning district classifications shall not impose minimum lot widths exceeding 30 feet or setback, lot coverage, or density requirements that would preclude construction of eligible dwellings on conforming lots. The bill's provisions do not apply to areas within a historic district.

Urban Public-Private Partnership Redevelopment Fund; funding requirements; report. Revises the Urban Public-Private Partnership Redevelopment Fund by expanding the qualifying private entities available for partnership with a local government for the redevelopment of local sites, removing the existing $500,000 grant cap for such local government, and eliminating the requirement that each grant be conditioned upon a 100 percent match of funds by the local government. The bill requires the Department of Housing and Community Development (the Department), on or before December 1 of each year, to submit a report to the Secretary of Commerce and Trade, the Governor, and the Chairs of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations, including the number of projects funded and the costs of the Fund. In addition, the bill directs the Department to convene a work group to develop appropriate criteria and guidelines for the administration of the grant program established by the Fund, including for (i) how to prioritize awards for (a) localities experiencing an above average and high level of fiscal stress as designated by the Commission on Local Government and (b) localities experiencing a significant decrease in commercial real estate assessments and (ii) the amount and type of local match, including both requirements that consider monetary contributions and non-monetary contributions. The bill requires the work group to include representatives of the Department, the Virginia Association of Counties, the Virginia First Cities Coalition, the Virginia Municipal League, and the Virginia Economic Developers Association and to report its findings and recommendations to the General Assembly by November 1, 2026. Under current law, the Board of Housing and Community Development is directed to develop guidelines for administration of the Fund. Finally, the bill repeals the Housing Revitalization Zone Act.

Virginia Fair Housing Law; unlawful conduct. Directs the Fair Housing Board to promulgate regulations defining "quid pro quo harassment," "hostile environment harassment," and other terms related to unlawful conduct under the Virginia Fair Housing Law. The bill directs the Fair Housing Board to adopt emergency regulations to implement the provisions of the bill.

Statewide housing targets for localities. Requires localities to increase their total housing stock by at least 7.5 percent over the five-year period beginning January 1, 2028. The bill provides that in order to meet such 7.5 percent growth target, a locality shall develop a housing growth plan that best meets the needs of the locality while meeting the growth target rates. The bill provides that such plan may include any strategy deemed appropriate by the locality; however, for purposes of demonstrating a good faith effort to meet growth targets, a locality shall include modeling that demonstrates that the plan will result in the permitting of the required number of units and either (i) a zoning ordinance that includes provisions allowing for the by-right development and construction of multifamily residential uses on at least 75 percent of all land contained in commercial or business zoning district classifications, including any land contained in commercial or business zoning district classifications that allow for the by-right development and construction of single-family residential uses or (ii) at least three of the housing growth strategies enumerated in the bill. The bill further provides that after January 1, 2033, an applicant that seeks local government approval for a residential development site plan or rezoning that will have the effect of increasing the supply of housing in a locality and has that application rejected may, in addition to other remedies, appeal such decision to the board of zoning appeals.

Department of Housing and Community Development; Virginia Rural Housing Infrastructure Fund and Program. Establishes the Virginia Rural Housing Infrastructure Fund and Program, to be administered by the Department of Housing and Community Development, for the purpose of financing infrastructure projects in rural communities associated with increased housing development within such communities. The bill directs the Department to develop criteria and guidelines for awarding grants under the Program.

Income tax credit; affordable rental housing tax credit. Establishes a nonrefundable tax credit for taxable years 2026 through 2030 for eligible landlords equal to $750 per affordable dwelling unit, as certified by the Department of Housing and Community Development. The bill limits the (i) total amount of such credits available to an eligible landlord to $15,000 per taxable year and (ii) aggregate amount of such credits claimed to $5 million per taxable year.

Zoning; development agreements in certain localities. Allows any locality within Planning District 23 with a population between 245,000 and 350,000 that has adopted a transfer of development rights ordinance to include provisions in its zoning ordinance that allow the governing body to enter into binding development agreements with owners of real property in the locality, so long as the property to be developed contains at least 1,000 acres or is located within (i) a receiving area of a transfer of development rights program and (ii) a tax increment financing district. Current law allows only New Kent County to include such provisions allowing for development agreements in its zoning ordinance.

Surplus real property; prioritization of disposition for affordable and middle-income housing. Requires the Department of General Services to determine whether, following an offer of surplus property to the chief administrative officer of the locality within which the surplus property is located, as well as to any economic development entity for such locality, such surplus property is suitable for the development of affordable housing, as defined by the bill. If the Department so determines, the bill provides that such property shall be offered for at least 90 days exclusively to eligible organizations, as defined by the bill, for the purpose of developing affordable housing, provided that the terms of the disposition include a recorded covenant to provide affordable housing for at least 30 years. The bill also requires the chief administrative officer of each locality to prepare and maintain an inventory of all real property within its jurisdiction to which the locality holds fee simple title and that the locality has determined to be feasible for the development of affordable and middle-income housing. If the governing body of a locality chooses to dispose of such a property, such property shall be offered for at least 90 days exclusively to public or private entities, for the purpose of developing affordable and middle-income housing, through purchase, lease, exchange, or donation in return for a recorded covenant to provide affordable housing for at least 30 years.