Affordable housing; certain localities allowed to adopt dwelling unit ordinances.
Summary
Affordable housing dwelling unit ordinances. Allows certain localities to adopt affordable housing dwelling unit ordinances. The governing body of any locality, other than localities to which certain current affordable housing provisions apply, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Such program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low-and-moderate-income citizens by providing for increases in density to the applicant in exchange for the applicant's voluntarily electing to provide such affordable housing. Any local ordinance may authorize the governing body to (i) establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees, as the governing body deems appropriate to encourage the provision of affordable housing.The bill provides that any zoning ordinance establishing an affordable housing dwelling unit program may include reasonable regulations and provisions as to any or all of the following: (a) for application of the requirements of an affordable housing dwelling unit program to any site, as defined by the locality, or a portion thereof at one location that is the subject of an application for rezoning or special exception or site plan or subdivision plat that yields, as submitted by the applicant, at an equivalent density greater than one unit per acre and that is located within an approved sewer area; (b) the waiver of any fees associated with the construction, renovation, or rehabilitation of a structure, including building permit fees, application review fees, and water and sewer connection fees; (c) for standards of compliance with the provisions of an affordable housing dwelling unit program and for the authority of the local governing body or its designee to enforce compliance with such standards and impose reasonable penalties for noncompliance, provided that such local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body; and (d) various other provisions set out in the bill.Any zoning ordinance establishing such affordable housing dwelling unit program shall adopt the regulations and provisions set out in the bill to establish an affordable housing density bonus and development standards relief program. This bill is identical to HB 1101.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2020
Committee Review
Feb 2020
Senate Passage
Jan 2020
House of Delegates Passage
Mar 2020
Signed into Law
Apr 2020
Introduced Jan 8, 2020
Signed Apr 7, 2020
Floor votes · Senate Jan 30, 2020 · House of Delegates Mar 4, 2020
How they voted
27–12
Passed · 1 other
Total votes 40
Jan 30, 2020
D
Democratic21
100% Yea
R
Republican19
63% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
24
Key actions
7
Committee
6
Apr 7, 2020
Signed into law
Approved by Governor-Chapter 833 (effective 7/1/20)
executive
Mar 4, 2020
Lower · Passed
Passed House (75-Y 23-N)
lower
Feb 28, 2020
Lower · Passed
Reported from Counties, Cities and Towns (18-Y 4-N)
lower
Feb 3, 2020
Committee
Referred to Committee on Counties, Cities and Towns
lower
Jan 30, 2020
Upper · Passed
Read third time and passed Senate (27-Y 12-N)
upper
Jan 29, 2020
Upper · Passed
Engrossed by Senate - committee substitute SB834S1
upper
Jan 29, 2020
Upper · Passed
Committee substitute agreed to 20106765D-S1
upper
Jan 27, 2020
Upper · Passed
Reported from Local Government with substitute (12-Y 2-N 1-A)
upper
Jan 8, 2020
Committee
Referred to Committee on Local Government
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20104662D
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
JL
Jennifer L McClellan
DDemocratic
Co
Adam Ebbin
DDemocratic
Co
Jennifer Boysko
DDemocratic
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