HB 1758 Virginia House of Delegates · 2025 Regular Session

Surplus real property; prioritization of disposition for affordable housing.

Summary
Surplus real property; prioritization of disposition for affordable 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 governing body of each locality to prepare an inventory list of all real property within its jurisdiction to which the locality or any dependent special district within its boundaries holds fee simple title that is suitable for the development of affordable 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 eligible organizations, as defined by the bill, for the purpose of developing affordable housing, through purchase, lease, exchange, or donation in return for a recorded covenant to provide affordable housing for at least 30 years.
Bill status passed 3 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House of Delegates Passage
Feb 2025
Senate Passage
Governor
Introduced Jan 5, 2025 Last action Feb 17, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

General Laws Substitute General Laws and Technology Substitute · 5 edits
MODERATE
The bill was amended to expand affordable housing eligibility from just 'affordable housing' to include both 'affordable and middle-income housing', extending the timeline for the Housing Development Authority to review surplus property from 120 to 180 days, and adding specific enforcement mechanisms including liquidated damages for covenant violations. The amendment also clarifies that middle-income housing is defined as households earning up to 120% of area median income (or 150% in rural areas).
Scope change
Expanded the scope of housing types covered from only affordable housing to include middle-income housing, broadening the range of properties that can be prioritized for disposition.
ELIGIBILITY

Changed housing eligibility criteria to include both affordable and middle-income housing, expanding the pool of eligible properties and developers.

TIMELINE

Extended the Virginia Housing Development Authority's review period for surplus property from 120 days to 180 days, giving them more time to assess feasibility and solicit interest.

DEFINITION

Added new definition for 'affordable and middle-income housing' specifying income thresholds of 120% of area median income (150% in rural areas).

ENFORCEMENT

Added specific enforcement language allowing for liquidated damages and injunctive relief for covenant violations, making enforcement more robust.

REQUIREMENT

Modified covenant requirements to allow satisfaction through federal or state tax credit programs, providing more flexibility in compliance.

Floor votes · House of Delegates Feb 3, 2025

How they voted

5544
Passed · 1 other
Total votes 100
Feb 3, 2025
D Democratic51
51 Yea
100% Yea
R Republican49
4 Yea 44 Nay 1
89% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
19
Key actions
3
Committee
5
Feb 12, 2025
Upper · Passed
Reported from General Laws and Technology with substitute and rereferred to Finance and Appropriations (9-Y 0-N 6-A)
upper
Feb 4, 2025
Committee
Referred to Committee on General Laws and Technology
upper
Feb 3, 2025
Lower · Passed
Read third time and passed House (55-Y 44-N)
lower
Jan 28, 2025
Lower · Passed
Reported from General Laws with substitute (15-Y 7-N)
lower
Jan 13, 2025
Committee
Assigned GL sub: Professions/Occupations and Administrative Process
lower
Jan 5, 2025
Committee
Referred to Committee on General Laws
lower
1 primary · 12 co-sponsors

Sponsors