General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Housing

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Housing

Passed

P HB44

Manufactured Housing Board; grounds for denial, suspension, or revocation of a license. Provides for the Manufactured Housing Board to deny, suspend, or revoke the license of a manufactured home broker, dealer, manufacturer, or salesperson that has a substantial identity of interest with a licensee of the Board whose license has been revoked or not renewed by the Board in a previous action. The bill defines "substantial identity of interest" as (i) a controlling financial interest by the individual or corporate principals of the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed or (ii) substantially identical principals or officers as the manufactured home broker, dealer, or manufacturer whose license has been revoked or not renewed by the Board.
Patron - Scott, J.M.

P HB1073

Department of Housing and Community Development; administration of the Private Activity Bonds program. Provides that the administration of the Private Activity Bonds program shall be shared jointly by the Small Business Financing Authority, the Virginia Housing Development Authority, and the Department of Housing and Community Development. The bill also increases the allocations for housing and industrial development. The bill provides that any unused bond authority remaining in any category after the effective period of the allocation set forth in guidelines established by the Director of the Department of Housing and Community Development shall be allocated to the Virginia Housing Development Authority (VHDA) and any unused authority allocated to VHDA shall continue to be allocated to VHDA under certain circumstances.
Patron - Suit

P SB301

Common Interest Community Board. Establishes a Common Interest Communities Board, creates a Common Interest Management Information Fund and allows for a certification process for Common Interest Association managers. The bill adds several new definitions to the Property Owners' Association, Condominium, Real Estate Cooperative, and Time-Share Acts, including "common interest community manager." The bill also sets limits for the fees to be charged for preparation of the required disclosure packets and prohibits any other fees not expressly authorized in the POAA. The bill (i) provides that all declarations shall comply with the terms of the POAA, and the associations created in accordance with the POAA shall have only those powers that are expressly granted in the POAA; (ii) increases the cap on the liability of the association or its manager from $500 to $5,000 for actual damages sustained by the seller in the event of the association's failure to comply with the POAA; and (iii) provides that if settlement does not occur within 90 days of the delivery of the disclosure packet, the fee shall be assessed against the lot owner for which the disclosure packet was prepared and shall become as an assessment against the member's lot. The bill contains technical amendments, which reorganize the POAA into three articles: general provisions, disclosure requirements, and operation and management of associations. This bill is identical to HB 516.
Patron - Whipple

P SB362

Carbon monoxide detectors. Prohibits removal or tampering by a tenant of a carbon monoxide detector installed by a landlord. This bill is a recommendation of the Virginia Housing Commission.
Patron - Watkins

Failed

F HB36

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

F HB71

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 HB174

Uniform Statewide Building Code; rental inspections. Provides that the City of Roanoke may require the issuance of certificates of compliance with current building regulations for existing residential buildings located in conservation and rehabilitation districts or in blighted areas upon the termination of rental tenancies or when such rental property is sold, or at specific time intervals, for a specific property. The bill limits these inspections to not more than once each calendar year.

Patron - Ware, O.

F HB289

Department of Housing and Community Development; rental assistance pilot project. Requires the Department of Housing and Community Development to establish a three-year rental assistance pilot project and to report its findings and recommendations to the Governor and the Housing Commission.
Patron - Englin

F HB302

Uniform Statewide Building Code; use of diesel fuel or motor oil as release agent prohibited; penalty. Prohibits the use of diesel fuel or motor oil as a release agent for concrete forms during the construction of any building or structure. Under the bill a violation is a Class 1 misdemeanor
Patron - Nichols

F HB332

Spot blight abatement. Provides for an alternative procedure for abating a blighted property when the owner of record fails to respond within the 30-day period with a written spot blight abatement plan that is acceptable to the chief executive.
Patron - McClellan

F HB391

Uniform Statewide Building Code: rental inspection districts. Creates an exemption to the prohibition of localitywide rental inspection districts for any city or town with a land area of 10 square miles or less, provided the local governing body has made a finding that the homogeneous distribution of rental units makes establishment of separate inspection districts impractical.
Patron - Bulova

F HB418

Uniform Statewide Building Code; Board of Housing and Community Development; energy efficiency rating to be included in the final inspection. Directs the Board of Housing and Community Development to require the energy efficiency rating to be included on the Certificate of Occupancy issued for every residential dwelling pursuant to the Uniform Statewide Building Code.
Patron - Marshall, R.G.

F HB498

Uniform Statewide Building Code; Board of Housing and Community Development; standards for the installation of in-building antenna systems. Requires the Board of Housing and Community Development to establish standards for the installation of in-building antenna systems capable of providing 800 MHZ communication coverage.
Patron - Cosgrove

F HB541

Uniform Statewide Building Code; statute of limitation for prosecution of violations. Increases from two to three years the time period within which any prosecution for violation of the Building Code shall be commenced. The bill contains a technical amendment.
Patron - Orrock

F HB598

Uniform Statewide Building Code; building permits; notice to owner. Requires a county, city, or town, prior to the issuance of a building permit for any single-family residential dwelling unit, to notify the owner of the subject property that a building permit application has been filed in such owner's name. The bill also requires a contractor when applying for a building permit to file a written statement, supported by an affidavit, that he is the owner or has been given authority by the owner to make application in the owner's name.
Patron - McClellan

F HB617

Virginia Housing Trust Fund. Creates a dedicated source of funding through a percentage of the recordation tax to be used for the purpose of developing or preserving affordable or assessable housing in localities. Also, changes the name of the Fund from Virginia Housing Partnership Revolving Fund and establishes provisions for providing matching funds to localities. This bill was incorporated into HB 1082.
Patron - Amundson

F HB791

Fort Lee Housing Enterprise Zone. Establishes the Fort Lee Housing Enterprise Zone to encompass a 10-mile radius surrounding the Fort Lee military base located in Prince George County for the purpose of encouraging the construction, redevelopment, or rehabilitation of single- and multi-family housing in the zone. The bill also establishes the Housing Enterprise Zone Tax Credit available to persons who build or substantially redevelop or rehabilitate (i) a single-family home with a value of $250,000 or less or (ii) a multifamily housing project consisting of apartments with at least two bedrooms and renting for $750 or less per month, on property located within the Fort Lee Housing Enterprise Zone. In addition, the bill authorizes local governing bodies whose territory is contained within the Fort Lee Housing Enterprise Zone to establish a housing enterprise zone for the purpose of providing incentives and regulatory flexibility to encourage the construction, redevelopment, or rehabilitation of single- and multi-family housing in the zone.
Patron - Ingram

F HB895

Uniform Statewide Building Code; amusement devices; definitions. Provides that the definition of "amusement device" shall not include any temporarily installed canopy, tent, or similar structure or inflatable device while in use for a private meeting or party limited in attendance to members of the organization sponsoring the event and invited guests.
Patron - Lohr

F HB959

Uniform Statewide Building Code; grading limitations. Provides that the Uniform Statewide Building Code shall not supersede counties', municipalities' and other political subdivisions' grading regulations prescribing maximum slopes in the construction or substantial renovation of single-family detached dwelling units located on lots not exceeding one-half acre.
Patron - Shannon

F HB1008

Housing; spot blight abatement; derelict structures. Authorizes a locality, by ordinance, to impose on the record owner of a derelict structure, an annual fee not to exceed three percent of the most recently assessed value of the derelict structure and the land upon which the structure is situated, provided (i) the locality has established a housing fund in accordance with subdivision B 6 of § 15.2-2305 and (ii) the annual fee is deposited in the housing fund. The bill provides for notice to the owner of such property and an opportunity to abate or remove the derelict structure within a certain time frame. The bill also allows a locality to abate or remove the derelict structure should the owner fail to act; the cost of which shall be a lien on the property. The bill defines derelict structure.
Patron - McClellan

F HB1085

Fair housing law; unlawful discriminatory housing practice. Adds source of income to the list of unlawful discriminatory housing practices. The bill defines source of income as any lawful income used by a person to meet his obligation to pay for the purchase or lease of a dwelling, including payment with (i) federal funds received pursuant to public housing or Section 8 programs of the United States Housing Act of 1937, as amended; (ii) funds received from assistance made available under Chapter 1.2 (§ 36-55.24 et seq.) of Title 36; (iii) proceeds from a bequest, life insurance policy, annuity, or other like source; or (iv) funds received from child or spousal support payments. The bill contains technical amendments.
Patron - Englin

F HB1113

Statewide transportation impact fees. Imposes a fee for the issuance of a certificate of occupancy for every building or structure that is neither exempt from taxation by law nor actually valued at less than $100,000 at the time such final certificate of occupancy is issued. The fee is due within 90 days of the issuance of such certificate of occupancy. The amount of the fee is equal to five percent of the actual value of such building or structure, exclusive of the first $100,000 of such actual value. The amount of the fee may, however, increase to five percent of the sales price of such building or structure, exclusive of the first $100,000 of such sales price, if no fee has been collected on such building or structure and such building or structure is sold within 90 days of the issuance of a certificate of occupancy; in this event, the amount of the fee is due and payable on the date of the settlement of the sale. Under all circumstances, the fee is capped at $20,000 per building or structure. An amount equal to two-thirds of the fee is deposited into the Transportation Trust Fund and must be spent in the construction district in which the fee was collected. The Governor may waive the collection of the amount to be deposited into the Transportation Trust Fund if he determines that the economic benefits of the building or structure outweigh any negative impact such building or structure may have on transportation. Moreover, an amount equal to the remaining one-third of the fee is deposited into a special interest-bearing account of the locality in which the fee was collected, and such amount must be spent on transportation projects within that locality. A locality may waive the collection of the amount to be deposited into its special interest-bearing account if its governing body determines that the economic benefits of the building or structure outweigh any negative impact such building or structure may have on transportation.
Patron - Cole

F HB1119

Derelict structures. Authorizes a locality, by ordinance, to impose on the record owner of a derelict structure, a fee not to exceed the lesser of $2,500 or 15 percent of the most recently assessed value of the derelict structure and the land upon which the structure is situated if such owner or owners fail to (i) respond in writing within 30 days from the date notice declaring such structure derelict is sent with an abatement or removal plan to be completed within a reasonable time or (ii) abate or remove the derelict structure within the time prescribed in a plan for abatement or removal which has been approved by the locality. Also, a locality may provide that any owner or owners of such derelict structure who fail to (i) respond to a notice in writing with an abatement or removal plan or (ii) abate or remove the derelict structure as prescribed in an approved plan, shall be guilty of a misdemeanor punishable by a fine of not more than $2,500. The bill also allows a locality to abate or remove the derelict structure should the owner fail to act; the cost of which shall be a lien on the property. The bill defines derelict structure.
Patron - Miller, P.J.

F HB1137

Green roof incentive programs. Requires the Board of Housing and Community Development to develop guidelines for incentive programs for use by localities to encourage the use of green roofs in the construction and remodeling of residential and commercial buildings. The bill defines a green roof as a roof of a building that is partially or completely covered with soil and vegetation. The bill also authorizes localities to establish green roof incentive programs.
Patron - Fralin

F SB167

Uniform Statewide Building Code; use of noncombustible materials in the construction of certain structures. Requires the Board of Housing and Community Development to promulgate regulations establishing standards for requiring the use of noncombustible materials in the construction of assisted living facilities, residential dwelling units designed or developed and marketed to senior citizens, nursing homes, and nursing facilities.
Patron - Blevins

F SB456

F SB761

Department of Housing and Community Development; rental assistance pilot project. Requires the Department of Housing and Community Development to establish a three-year rental assistance pilot project for certain needy and working families and individuals and to report its findings and recommendations to the Governor and the Housing Commission.
Patron - Colgan

Carried Over

C HB1082

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Revolving Trust Fund to the Virginia Housing Trust Fund. The bill provides for a percentage of 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. This bill incorporates HB 617.
Patron - Suit

C SB363

Installation of automatic sprinkler systems; tax credit for initial installation. Requires that all buildings that (i) are more than 75 feet high or more than six stories high, (ii) are being used to house individuals or to provide guest rooms for occupancy, and (iii) are not equipped with an automatic sprinkler system would be equipped with an automatic sprinkler system by December 31, 2017. The Board of Housing and Community Development would be required to promulgate regulations establishing standards for the automatic sprinkler system. The bill also would make available to the owners of such building an income tax credit equal to 45% of the total amount paid by the owner for the initial installation of the sprinkler system. The tax credit could be carried forward for 10 years. This is a recommendation of the Virginia Housing Commission.
Patron - Watkins

C SB458

Rental inspection districts. Removes language that expressly rejects any construction of the rental inspection districts statute as an authorization for a locality-wide rental inspection district.
Patron - Petersen

C SB661

Virginia Housing Partnership Trust Fund; dedicating recordation tax revenues. Changes the name of the Virginia Housing Partnership Revolving Trust Fund to the Virginia Housing Trust Fund. The bill provides for a percentage of the annual revenue collections from taxes and fees imposed pursuant to the Virginia Recordation Tax Act (§ 58.1-800 et seq.) 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

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Housing

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