Housing

Passed

P HB699

Housing Authorities Law. Makes various changes to the Housing Authorities Law to update its provisions. The bill adds several definitions including "blighted area," "blighted property," "conservation area," "redevelopment area," and "spot blight abatement plan." The bill also reconfirms that the elimination of blight in a redevelopment area, the prevention of blight in a conservation area, and the designation of individual properties as blighted pursuant to a spot blight abatement plan are public uses and purposes. In addition, the bill (i) updates referendum provisions; (ii) clarifies that written notice sent by certified mail is required to all record owners at their last known address as indicated in the records of the treasurer, current real estate tax records, or the records of any other officer responsible for collecting taxes prior to the use of eminent domain and spot blight abatement proceedings is required; (iii) clarifies that an owner in a proposed redevelopment or conservation area has the right to present testimony before the local governing body objecting to the designation of an area as a redevelopment or conservation area, and to acquisition of their property by negotiated purchase or the use of eminent domain; and (iv) clarifies that farm structures are generally exempt from the Housing Authorities Law and that the right to establish redevelopment or conservation areas and use the process of spot blight abatement shall not abrogate the right to farm as protected in § 3.1-22.28. The bill includes various technical amendments.
Patron - Suit

P HB744

Uniform Statewide Building Code; enforcement actions; transfer of ownership. Provides that when the local building official has initiated an enforcement action against the owner of a building or structure and the owner subsequently transfers ownership to an entity in which the owner holds more than 50 percent of the ownership interest, the pending enforcement action shall continue to be enforced against the owner.
Patron - Marshall, D.W.

P SB46

Local rehabilitation zones. Authorizes localities to designate housing rehabilitation zones for the establishment of incentives to rehabilitate housing stock in the zone and to perform general improvement of the neighborhood. Incentives include reduced user fees, special tax incentives, special zoning, expedited permitting, and the waiver of tax liens under certain circumstances. In addition, the locality is authorized to establish a special service district to expand or improve the public infrastructure in the zone.
Patron - Locke

P SB184

Housing programs for ex-offenders. Directs the Director of the Department of Housing and Community Development to develop a strategy, in consultation with the Virginia Housing Development Authority, for the creation and implementation of housing programs and community development for the purpose of meeting the housing needs of persons who have been released from federal, state, and local correctional facilities into communities. This bill is a recommendation of the Joint Subcommittee Studying the Commonwealth's Program for Prisoner Reentry to Society (2005).
Patron - Puller

P SB450

Abatement of lead hazards; disclosure of lead risks or the identification of a child as having an elevated blood-lead level; retaliation deemed noncompliance; civil penalty. Establishes the two essential lead program elements relating to lead poisoning prevention that are lacking in Virginia but are required by federal agencies for the 2006 grant cycle. The bill provides an enforcement mechanism for control of lead hazards and protections from termination of the rental agreement or other retaliatory action after written notification of (i) a lead hazard in the dwelling unit or (ii) that a child of the tenant, who is an authorized occupant in the dwelling unit, has an elevated blood lead level. The bill also requires the landlord to maintain the painted surfaces of the dwelling unit in compliance with the Property Maintenance Code and the Uniform Statewide Building Code and provides that the failure to do so will entitle the tenant to terminate the rental agreement. This bill is a recommendation of the Joint Subcommittee to Study Lead Poisoning Prevention (SJR 380), 2005.
Patron - Lambert

Failed

F HB217

Spot blight abatement; costs for repair or disposal of property. Authorizes a locality exercising the power to acquire or repair blighted property to assess against the owner the anticipated costs of any repair or disposal of the property. The costs that are assessed will be a lien on the property.
Patron - Jones, D.C.

F HB748

Spot blight abatement; eminent domain. Provides that for purposes of determining just compensation for property condemned pursuant to spot blight abatement provisions, the value of the property condemned shall be determined as follows: (i) 50 percent of compensation to be based on the fair market value of the property at the time of condemnation, (ii) 25 percent of compensation to be based on projected fair market value of the land one year after completion of the redevelopment project, and (iii) 25 percent of compensation to be based on projected value of the land three years after completion of the redevelopment project. This bill was incorporated into HB 699.
Patron - Purkey

F HB1196

Building permit; impact fees. Allows localities to adopt provisions for the assessment of impact fees prior to issuance of a building permit. The impact fees may be assessed in relation to the adequacy of education, transportation, parks, or public safety needs. Such fees shall be a pro rata share of the costs of reasonable and necessary capital improvements attributable to the proposed development. Prior to any impact fee assessment, the locality must identify the particular public facility needs in its comprehensive plan, and must have in place a capital improvement program that provides a reasonable basis for determining the extent or level of inadequacy of such facilities in the area of the proposed development. If the locality does not apply impact fees paid by a developer to the capital project that served as the basis for such assessment within six years of collection, then the developer may seek a writ of mandamus to compel the locality to do so.
Patron - Marshall, R.G.

F HB1419

Housing authorities; public hearings. Requires housing authorities to hold at least one public hearing to receive the views of citizens within the area of operation of the housing authority before giving final approval to its budget for submission to the governing body. This bill was incorporated into HB 699.
Patron - Alexander

F HB1552

Fair Housing Law; unlawful discrimination; sexual orientation. Adds sexual orientation as an unlawful discriminatory housing practice.
Patron - Scott, J.M.

F SB294

Powers of regional and consolidated housing authorities. Prohibits any regional housing authority or consolidated housing authority from acquiring property through the exercise of the power of eminent domain. This bill, which amends the article relating to regional housing authorities, applies to consolidated housing authorities because the provisions of the chapter applicable to regional housing authorities are applicable, by statutory reference, to consolidated housing authorities. Currently, regional housing authorities and consolidated housing authorities enjoy the same power of eminent domain that is statutorily afforded to housing authorities created for cities and counties.
Patron - Cuccinelli

F SB356

Carried Over

C HB92

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Trust Fund to the Virginia Housing Trust Fund. The bill provides for 50 percent the annual revenue collections from taxes and fees imposed pursuant to the Virginia Recordation Tax Act (§ 58.1-800 et seq.) that are in excess of the official estimates in the general appropriation act to be transferred to the Fund. The bill also provides that a portion of the fund shall be used to provide matching funds to localities that have both established a local housing fund and appropriated local moneys to the fund. Under the bill, the Department of Housing and Community Development is required to establish criteria for the allocation of the matching funds to eligible localities and to annually report on the allocation of matching funds. In addition, the bill authorizes grants to be made from the Fund to support innovative housing projects and low and moderate income housing projects that are located in areas experiencing extreme shortages of such housing.
Patron - Suit

C HB184

Spot blight abatement; condemnation. Provides that any property acquired by eminent domain pursuant to spot blight abatement provisions shall not be rezoned by a locality to a more intensive use than that which existed at the time of the condemnation.
Patron - Marshall, R.G.

C HB1174

Community Housing Tax Credit. Establishes a tax credit that would replace the current low-income housing tax credit. Any developer or investor who builds or substantially rehabilitates a multifamily housing project that qualifies for the federal low-income housing tax credit would be eligible for a tax credit equal to 50 percent of the cost to acquire the land for the multifamily housing project. However, the credit would not exceed an amount equal to $5,000 multiplied by the number of low-income housing units placed in service as a result of the project. The developer or investor would not be able to claim more than $500,000 in tax credit in any taxable year. The credit would have a five-year carryover period. Any unused credit could be transferred to another taxpayer for use on a Virginia income tax return. The Board of Housing and Community Development would be required to promulgate guidelines for the credit.
Patron - Rapp

C HB1451

Uniform Statewide Building Code; violations; penalty. Provides that where the violation is of the Maintenance Code relating to occupancy limitations on dwelling and efficiency units in a locality where the local governing body has taken official action to enforce the Maintenance Code, any owner or other person, firm, or corporation convicted of such a violation may also be punished by confinement in jail for not more than 12 months. Currently, any violation of the Building Code is punishable by a fine of not more than $2,500.
Patron - Hull

C SB102

The Board of Housing and Community Development; definition of combustible fibers. Requires the Board of Housing and Community Development to promulgate regulations to exclude waste paper products from the definition of "combustible fibers."
Patron - Blevins

C SB277

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Trust Fund to the Virginia Housing Trust Fund. The bill provides for $0.02 of the recordation tax to be transferred to the Fund. The bill also provides that a portion of the fund shall be used to provide matching funds to localities that have both established a local housing fund and appropriated local moneys to the fund. Under the bill, the Department of Housing and Community Development is required to establish criteria for the allocation of the matching funds to eligible localities and to annually report on the allocation of matching funds. In addition, the bill authorizes grants to be made from the Fund to support innovative housing projects and low and moderate income housing projects that are located in areas experiencing extreme shortages of such housing.
Patron - Whipple

C SB311

Housing authority law; spot blight abatement; interest on liens. Gives a locality a lien on property declared a nuisance when the locality, and not the owner, abates or removes the nuisance at its expense. The bill provides that this lien shall bear interest at the legal rate of interest established in § 6.1-330.53, beginning on the date the removal or abatement is completed through the date on which the lien is paid. The bill also provides for the same interest rate for liens on property declared to be blighted.
Patron - Cuccinelli

C SB667

Carbon monoxide detectors; required in certain rental dwelling units in the Commonwealth. Amends the Virginia Residential Landlord and Tenant Act and other sections on landlord and tenant law to require landlords to install and maintain carbon monoxide detectors in all rental dwelling units that contain or are serviced by a carbon-based-fueled appliance or device that produces by-products of combustion, have an attached garage or carport, or are adjacent to a parking space. The bill also imposes an obligation on the tenant to not remove or tamper with a carbon monoxide detector.
Patron - Ruff

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