General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Housing


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Housing

Passed

P HB123

Board of Housing and Community Development; membership. Increases the membership of the Board of Housing and Community Development from 13 to 14 by adding the Director of Regulatory Compliance of the Virginia Building Officials Association and specifies his term.
Patron - Albo

P HB423

Uniform Statewide Building Code; regulation of HVAC facilities. Provides that the Board of Housing and Community Development to promulgate regulations in accordance with the Administrative Process Act (§ 2.2-4000 et seq.) establishing standards for heating, ventilation, and airconditioning (HVAC) facilities in new, privately owned residential dwellings.
Patron - Watts

P HB825

Virginia Housing Development Authority; financing of certain mixed-income and mixed-use housing developments. Authorizes the Virginia Housing Development Authority (Authority) to finance mixed-income and mixed-use housing developments in revitalization areas designated by local governments if (i) the surrounding area is predominantly of lower income or (ii) the Authority's ability to provide the low and moderate income housing will be enhanced by having a portion of the units occupied by persons and families who are not of low or moderate income. The bill limits the percentage of persons or families who are not of low and moderate income in any economically mixed project to 80 percent and provides that nonhousing buildings may not be financed by the Authority unless a certification is provided by the housing sponsor that a mortgage loan is not otherwise available from private lenders upon reasonably equivalent terms and conditions.
Patron - Drake

P HB828

Uniform Statewide Building Code; enforcement; rental inspections. Clarifies the inspection authority of local building officials for existing commercial and residential buildings or structures, including the authority of a local governing body to adopt and enforce an inspection program for residential dwelling units that are rented to tenants pursuant to the Landlord and Tenant Act (§ 55-217 et seq.) or the Virginia Residential Landlord Tenant Act (§ 55-248.2 et seq.). The bill sets out the procedures for localities to conduct rental inspections and the fees therefore. The bill contains technical amendments.
Patron - Drake

P SB4

Housing Funds. Eliminates the requirement for the Department of Housing and Community Development to provide reports to the legislative committees on the Urban Public-Private Partnership Redevelopment Fund, the Virginia Removal or Rehabilitation of Derelict Structures Fund, and the Housing Revitalization Zone Fund. This bill is a recommendation of the Joint Subcommittee to Study the Operations, Practices, Duties, and Funding of the Commonwealth's Agencies, Boards, Commissions, Councils, and Other Governmental Entities pursuant to HJR 159 (2002). The bill also removes the requirement that fifty percent of all monies received by localities from the Virginia Removal or Rehabilitation of Derelict Structures Fund be utilized in housing revitalization zones.
Patron - Martin

P SB183

Uniform Statewide Building Code; certain housing facilities. Requires the Board of Housing and Community Development to promulgate regulations in accordance with the Administrative Process Act establishing standards for such additional fire detection and suppression systems as it deems necessary to increase the safety of persons in assisted living facilities, residential dwelling units designed or developed and marketed to senior citizens, nursing homes and nursing facilities. This requirement would be in addition to the current regulations requiring smoke detectors and sprinkling systems in nursing homes and nursing facilities.
Patron - Blevins

P SB233

Conveyance of streets; no trespass policy. Requires each housing authority to adopt a "no trespass" policy designed to protect the premises controlled by such authority and residents from nonresidents who enter the premises for unlawful purposes or without any lawful purpose. In adopting such policies, the authority shall determine whether to petition a locality or the Commonwealth to close to the public and convey to the authority any streets serving authority property. Neither a locality nor the Commonwealth shall be required to grant the conveyance. The Attorney General shall develop and distribute a model policy that takes into account any relevant constitutional limitations on such action by housing authorities, the locality or the Commonwealth; however, no housing authority is required to adopt the model policy. The bill has a delayed effective date of January 1, 2005.
Patron - Lambert

Failed

F HB187

Virginia Housing Development Authority; regulations. Requires the Housing Development Authority to develop regulations providing that single-family mortgage loans may be made to more than one person only if the persons to whom the loan is to be made are related by blood, marriage or adoption.
Patron - Black

F HB821

Housing authority law; redevelopment districts. Authorizes any housing authority or local governing body to carry out work in blighted or deteriorated areas designated as redevelopment districts upon the adoption of an ordinance by the local governing body, which ordinance includes a redevelopment plan. Currently, only housing authorities are authorized to undertake a redevelopment project. The bill also defines redevelopment areas as areas (including slum areas) with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals or welfare of the community. Currently, these areas are called blighted or deteriorated areas. The bill also authorizes housing authorities and local governing bodies to identify residential dwelling units that are rented to assist local building officials in enforcing any rental property inspection program adopted by the local governing body. The bill also contains technical amendments.
Patron - Drake

F HB830

Housing authority law; conservation districts. Authorizes any local governing body or its designated agency to carry out work in deteriorated areas designated as conservation districts upon the adoption of an ordinance by the local governing body, which ordinance includes a conservation plan. The bill also authorizes local governing bodies to identify residential dwelling units that are rented to assist local building officials in enforcing any rental property inspection program adopted by the local governing body. The bill contains technical amendments.
Patron - Drake

F HB1180

Statewide Fire Prevention Code; buildings or structures intended for worship; natural cut trees. Removes the authority of the Board of Housing and Community Development, in cooperation with the Fire Services Board, to adopt regulations prohibiting the use of natural cut trees in a building or structure intended for worship. This bill is incorporated into HB 622.
Patron - Bryant

F HB1245

Virginia Fair Housing Law; evidence of unlawful discriminatory practices. Provides that the use of words or symbols associated with a particular religion, national origin, sex, or race may be evidence of an illegal preference under the Virginia Fair Housing Law. Current law mandates that the use of such words or symbols shall be prima facie evidence of an illegal preference. The bill also eliminates the prohibition against use of a general disclaimer to overcome the prima facie evidence.
Patron - Griffith

Carried Over

C HB822

Housing authority law; definition of public use. Defines, for the purposes of housing authority law, "public use" to mean the possession, occupation, and enjoyment of land by the public at large, or by public agencies. The bill provides that to ensure the protection of the rights of private property owners, the government shall not seize land from a property owner and turn it over to another on vague grounds of public benefit to spring from the more profitable use to which the latter may devote it. The benefiting of a private entity, whether by acquisition, purchase, or leaseback shall not constitute a public use.
Patron - Drake

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