Housing

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 incorporates SB 367 and is identical to HB 1279.

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.

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.

Vested rights; rulings or orders of the local circuit court. Provides that a landowner's vested rights in a specific residential project shall not be affected by a subsequent ruling or order of the local circuit court applicable to a zoning ordinance amendment when such ruling or order affects at least 25 individual parcels within a locality unless the significant affirmative governmental act approving such residential project is the direct subject of the ruling or order.

Virginia Residential Landlord and Tenant Act; rental payment methods; prohibited fees. Requires a landlord subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by check and money order. The bill additionally prohibits such a landlord from requiring a tenant to pay any fee to submit periodic rent payments or other amounts due in excess of the actual out-of-pocket expenses charged to the landlord by a third party to process a payment. Finally, the bill prohibits a landlord from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant's violation of the Virginia Residential Landlord and Tenant Act. This bill is identical to HB 1005.

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.

Virginia Residential Landlord and Tenant Act; essential services. Adds central air conditioning when supplied by the landlord and operating or represented as operating as of the effective date of the rental agreement to the list of what constitutes an essential service for purposes of the Virginia Residential Landlord and Tenant Act.

Virginia Residential Landlord and Tenant Act; rental payment methods; prohibited fees. Requires a landlord subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by check and money order. The bill additionally prohibits such a landlord from requiring a tenant to pay any fee to submit periodic rent payments or other amounts due in excess of the actual out-of-pocket expenses charged to the landlord by a third party to process a payment. Finally, the bill prohibits a landlord from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant's violation of the Virginia Residential Landlord and Tenant Act. This bill is identical to SB 313.

Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.

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.