Housing

Expedited approval for certain affordable housing developments. Allows a locality, by ordinance, to authorize a zoning administrator to use an administrative process to approve rezoning applications for certain affordable housing developments. The bill requires that the affordable housing development comply with the Virginia Fair Housing Law, connect to a public or community water supply or sewage system, and be located within or adjacent to an area identified by the locality that could support increased density development and provide access to services. The bill also requires the locality, prior to the adoption of such ordinance, to advertise its intention to propose such ordinance within a certain period of time in a newspaper having a general circulation in the locality. The bill allows the Department of Housing and Community Development to give a locality priority for any grants or loans administered by the Department if such locality demonstrates to the Department's satisfaction that its ordinance has met the provisions of the bill. Finally, the bill requires certain localities that adopt such ordinance to include in their annual local housing policy report to the Department a summary of the ordinance.

Private activity bonds; allocation of state ceiling. Increases the housing allocation of the Virginia state ceiling on private activity bonds from 57 to 67 percent by (i) increasing the allocation to the Virginia Housing Development Authority from the current 43 percent to 50 percent and (ii) increasing the allocation to local housing authorities from the current 14 percent to 17 percent. The bill also maintains the current 18 percent for the Governor's state allocation portion and reduces the industrial development bonds for manufacturing and exempt facilities portion of the ceiling from 25 to 15 percent. This bill is identical to SB 729.

Manufactured Home Lot Rental Act; right of first refusal; resident entities and localities. Provides for a right of first refusal, under the Manufactured Home Lot Rental Act, for resident entities, defined in the bill, and localities in which a manufactured home park is located when a manufactured home park owner enters into a contract to sell such manufactured home park.

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.

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 is identical to SB 388.

Timely local decision on certain land use permits; incentives and penalties. Requires that the average time period required for a locality to take final action to approve, approve with conditions, or deny all by-right permit applications from the date of submission of such applications to the locality shall not exceed 12 months. The bill requires the Department of Housing and Community Development to conduct semiannual compliance reviews of each locality and to publish and transmit to the Governor and the General Assembly a report identifying each locality as compliant or noncompliant for the applicable review period. The bill provides that any locality determined by the Department to be compliant for the preceding 12-month period shall be eligible to receive a state grant sufficient to fund one full-time equivalent position within the locality's planning department. The bill further provides that if the Department determines that a locality is noncompliant during a review period, the Commonwealth Transportation Board shall reduce program fund allocations from the Commonwealth Transportation Fund to any project within the boundaries of such noncompliant locality by two percent for the following fiscal year.

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.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Workforce housing for employees of a county or county school board; lease of surplus property. Allows any county board of supervisors or county school board to lease as lessor surplus or underutilized property. The bill provides that such leases shall be conditioned on the development of workforce housing serving employees of the county or school division with up to 80 percent of area median household income. The bill also prohibits establishment of a minimum lot size exceeding 5,000 square feet for such workforce housing and provides that the placement of manufactured houses that are on a permanent foundation and on individual lots shall be permitted subject to development standards that are equivalent to those applicable to site-built single-family dwellings.

Virginia Residential Landlord and Tenant Act; duties of landlord; mold remediation; civil penalty. Provides that a tenant, authorized occupant, or guest or invitee of a tenant or authorized occupant may bring a personal injury or wrongful death action for exposure to mold arising from the condition within the interior of a dwelling unit or for any property damage claims arising out of the landlord-tenant relationship to recover (i) compensatory damages, including medical bills, lost wages, and injury to personal property; (ii) punitive damages; and (iii) reasonable attorney fees and costs, if the mold is caused solely by the gross negligence or willful misconduct of the landlord or managing agent. The bill also mandates a landlord to require a tenant to temporarily vacate the dwelling unit in order for the landlord to perform mold remediation in accordance with professional standards if it has been determined by a physician or other qualified medical professional and certified by a written medical statement that the mold condition in the dwelling unit materially affects the health or safety of the tenant or any authorized occupant.