Housing

Optional provisions in subdivision ordinances; time-based restrictions. Adds to the list of optional provisions in local subdivision ordinances provisions restricting the frequency of permissible subdivisions for a qualifying property within a specified time frame not to exceed seven years. The bill requires such provisions to enumerate the required qualifications for eligible properties and to establish procedures for seeking a subdivision of property.

Virginia Residential Landlord and Tenant Act; adverse action by landlord; tenant remedies. Prohibits a residential landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth from taking adverse action against a prospective tenant due to the prospective tenant's history of a dismissed or nonsuited unlawful detainer case. The bill allows a prospective tenant to recover, as a result of any such adverse action, (i) actual damages, (ii) statutory damages of $250, and (iii) reasonable attorney fees.

Residential property owners; insurance policies; roofing services by contractors; prohibited practices and consumer protection. Prohibits insurers from refusing coverage or canceling, refusing to renew, or increasing the premiums of a policy written to insure an owner-occupied dwelling solely based on the age or condition of the asphalt shingle roof, except in certain circumstances. The bill also contains provisions related to consumer protection in the context of contractors providing roofing services for residential property owners. The bill prohibits certain advertisements and conduct by contractors in such context. The bill includes contract terms that must be included by contractors in such context, and permits a residential property owner to cancel a contract for roofing services in the case of a declaration of a state of emergency by the Governor applicable to the geographic area where the property is located. Provisions of the bill related to prohibited conduct and requirements for contractors providing roofing services are subject to the enforcement provisions of the Consumer Protection Act. The bill has a delayed effective date of January 1, 2027, and is identical to HB 677.

Department of Housing and Community Development; Eviction Reduction Program; report. Establishes the Eviction Reduction Program within the Department of Housing and Community Development to expand the Department's work to (i) promote housing stability, (ii) identify factors that contribute to eviction filings, and (iii) provide interventions to prevent or divert evictions. The bill requires the Department to report annually to the General Assembly regarding the Program. The bill directs the Department to develop and include in its report criteria and guidelines necessary to administer the Program in consultation with stakeholders, including Eviction Diversion Program grantees as identified by the Department. This bill is identical to HB 527.

Virginia Residential Landlord and Tenant Act; algorithmic pricing device use by certain landlords; civil penalties. Requires a landlord, defined in the bill as a landlord who owns more than 10 rental dwelling units or more than a 10 percent interest in more than 10 rental dwelling units, whether individually or through a business entity, in the Commonwealth, who uses an algorithmic pricing device, defined in the bill, to establish the advertised rent, renewal rent, or rent offered to a prospective tenant to disclose such use in writing to the tenant or the prospective tenant under the Virginia Residential Landlord and Tenant Act. The bill provides that, upon request, a landlord shall provide to the tenant or prospective tenant a plain-language summary of the general factors considered by the algorithmic pricing device in determining rent, and that a tenant or prospective tenant shall be entitled to a human review of any rent determination or renewal increase generated or recommended by an algorithmic pricing device. The bill allows the Attorney General to seek an injunction and civil penalties to restrain any violations of the bill.

Department of Housing and Community Development; loans for the construction of mixed income housing; report. Directs the Department of Housing and Community Development, in collaboration with the Virginia Housing Development Authority, to create a two-year pilot program that would provide loan origination and servicing activities for mixed income housing and submit a report on its findings to the General Assembly by November 1 of each year of the pilot program. The bill provides that any funding for the pilot program, subject to the appropriation act, shall be utilized from up to 15 percent of the annual deposit made to the Virginia Housing Trust Fund. This bill is identical to HB 820 and SB 490.

Zoning; by-right multifamily development. Requires a locality to include provisions in its zoning ordinance allowing for the by-right development and construction of multifamily residential uses and mixed-use developments that include both residential and commercial 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. The bill provides that such provisions shall not (i) apply in underdeveloped areas that are covered by a tree canopy of at least 60 percent; (ii) impose more stringent land use requirements for such development than would otherwise be required; (iii) require that a special exception, special use, or conditional use permit be obtained for such development; (iv) require a lower height than the greater of the height of the tallest existing building within 500 feet or the height that would otherwise be allowed; (v) require more than one parking space per unit; (vi) require larger setbacks than the existing building in the locality with the smallest setbacks; or (vii) require more costly amenities or design features than would otherwise be required for multifamily or mixed-use buildings.The bill also (a) stipulates that the review and approval of such development shall be done administratively by the locality's staff; (b) requires that the zoning ordinance provisions must exempt any proposed development that converts an existing building to a multifamily residential use from any setback, height, or frontage requirements; (c) prohibits the zoning ordinance provisions to require any proposed development to dedicate some or all of its ground floor space to commercial uses; and (d) provides that any proposed residential development that dedicates a minimum of 10 percent of the total number of housing units to affordable housing may be offered application incentives by the locality. The bill also prohibits localities from approving any commercial or business use on a property adjacent to the approved multifamily residential development that is different from the use that had been established at the time the multifamily residential development was approved.

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.

Department of Housing and Community Development; Task Force on Property Appraisal and Valuation Equity. Creates the Task Force on Property Appraisal and Valuation Equity to study the misvaluation and undervaluation of real property owned by minority individuals to combat bias in real property appraisal and valuation. The bill requires the Task Force to meet at least annually and to report to the Governor and General Assembly by December 1 of each year regarding its activities and any recommendations. The bill has an expiration date of July 1, 2029.

Virginia Residential Landlord and Tenant Act; terms and conditions of rental agreement; notice of rent increase. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth to provide a tenant with written notice of any increase in rent for the subsequent rental agreement term at least 90 days prior to the end of such term and to include in such notice a deadline, which shall be no sooner than 30 days after such notice is delivered, by which the tenant shall advise the landlord of whether the tenant will renew the rental agreement. The bill has a delayed effective date of January 1, 2027.