Ready, Set, Advocate!

Today is Housing Advocacy Day. Supporters of HOME’s mission are talking to members of the General Assembly about the bills we support and the changes we hope to see in this session. There have been almost 2,000 bills filed this session between the House and the Senate; these are the ones HOME is keeping an eye on. Click the bill number for the full text of the proposed bill. The bills in bold are the ones we strongly support.

House Bills:

HB 208– Amends the existing vested rights statute by clarifying that structures that meet certain conditions shall be considered nonconforming. Additional changes make clear that a requirement under existing law to bring certain structures into compliance with the Uniform Statewide Building Code shall not affect the nonconforming status of those structures.

HB 222– Requires the Commissioner of Behavioral Health and Developmental Services to notify the local governing body of a locality in which a provider has proposed or applied for an initial license or to modify a license of the proposal or application, and to receive and consider comments submitted by the local governing body when making decisions regarding issuance of a license or modification.

HB 224 Changes the criteria for transferring certain tax-delinquent real property to localities through a special commissioner in the Cities of Norfolk, Richmond, Hopewell, Newport News, Petersburg, and Hampton by reducing the percentage of taxes and liens from exceeding 35 percent to 20 percent and of taxes alone from 15 percent to 10 percent, respectively, and including parcels with an assessed value of $100,000 or less.

HB 259– Proscribes an individual from alleging a real estate licensee has engaged in untrue, deceptive, or misleading advertising unless such licensee has been convicted doing so.

HB 273 Changes the applicability of the Virginia Residential Landlord Tenant Act from the ownership of no more than 10 single-family residences to ownership of no more than two single-family residences and makes the application uniform across the state. The bill also authorizes a landlord to expedite the disposition of security deposits under certain circumstances. The bill repeals the requirement for a landlord to accrue interest on security deposits, effective January 1, 2015.

HB 295 Increases the total amount of tax credits granted for the Livable Home Tax Credit program in any fiscal year from $1 million to $2 million and increases the total amount of tax credits made available through the program allocated for purchase or construction of new residences from $500,000 to $1 million and the total amount allocated for retrofitting or renovation of existing residences from $500,000 to $1 million. The bill is a recommendation of the Virginia Disability Commission.

HB 296– Requires localities to take steps to align transportation infrastructure and facilities with affordable, accessible housing and community services when developing the transportation component of the comprehensive plan for the physical development of the territory. The bill is a recommendation of the Virginia Disability Commission.

HB 331– Establishes first-time home buyer savings accounts that are to be used for saving funds for the purchase of homes by first-time home buyers. Moneys in the account are required to be used solely for the down payment and closing costs for the purchase of a home by a first-time home buyer. The bill establishes an individual income tax subtraction for income earned on contributions to the account. However, if moneys are withdrawn from the account for purposes other than to pay eligible costs, any income previously subtracted would be subject to recapture by the Commonwealth and a five percent penalty would be imposed. There would be no recapture and addition to taxable income if the amounts withdrawn were (i) withdrawn because of the death or disability of the account beneficiary, (ii) a disbursement of assets pursuant to a filing for protection under federal bankruptcy laws, or (iii) transferred to another first-time home buyer savings account
The bill limits the amount of principal that can be contributed to any account to $50,000 and limits the total amount that can be retained in an account at any time to $150,000. Persons would be allowed to contribute only cash or marketable securities to a first-time home buyer savings account.

HB 418Adds discrimination based on sexual orientation as an unlawful discriminatory housing practice. The bill defines “sexual orientation” as a person’s actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. “Sexual orientation” does not include sexually deviant disorders (paraphilias) as defined in the Diagnostic and Statistic Manual of Mental Disorders (DSM-IV).

HB 419– Broadens the class of individuals who may hold property as tenants by the entireties to include any married couple whose marriage is recognized under the laws of any state in the United States.

HB 524– Requires the Board of Housing and Community Development to revise the Uniform Statewide Building Code to require that at least 10 percent of all dwelling units, but in no case less than one dwelling unit, in any newly constructed multifamily residential building shall be affordable, accessible units designed and constructed in a manner that satisfies the criteria for Type A units, in accordance with ANSI A117.1. Currently, at least two percent of dwelling units, but in no case less than one dwelling unit, in any multifamily residential building must be Type A units. The bill is a recommendation of the Virginia Disability Commission.

HB 527– Provides that for purposes of zoning, a residential facility in which no more than eight individuals with mental illness, intellectual disability, or developmental disabilities reside, with one or more resident or nonresident staff persons, shall be considered residential occupancy by a single family. Currently, such facilities are required to have one or more resident counselors or other staff persons to qualify for this zoning designation.

HB 600– Extends to tenants with one or more minor children who live within 150 percent of the federal poverty guidelines the right to continue to occupy their apartment or unit or at least one of equal size and overall quality under a lease agreement, even though their apartment or unit will be converted to a condominium. Under current law, the locality must enact an ordinance to afford these rights, and currently such rights are available to elderly or disabled tenants.

HB 792– Requires localities in Planning District 8 (Northern Virginia) to include provisions in their zoning ordinances that limit the number of residential units with 500 square feet or less of living space to no more than 100 residential units per 100,000 population in the locality. Zoning changes required to accommodate such units must be at a location in which the zoning prior to January 1, 2014, was at least 12 residential dwellings per acre.

HB 816– Adds lawful source of income to the list on the basis of which it is unlawful to discriminate in fair housing practices. The bill defines lawful source of income as any income used by a person to pay for the purchase or lease of a dwelling, including (i) public assistance, (ii) any manner of gross income, (iii) federal supplemental security income benefits, (iv) child support, and (v) any federal, state, or local housing assistance, regardless of whether the funds are paid directly to the person or to a landlord or other third party for the benefit of the person. The bill also authorizes the governing body of any county, city, or town to enact an ordinance in accordance with the provisions of the Virginia Fair Housing Law, provided such ordinance includes protections against discrimination that are at least as protective as those provided by the law.

Senate Bills

SB 58– Requires localities to take steps to align transportation infrastructure and facilities with affordable, accessible housing and community services when developing the transportation component of the comprehensive plan for the physical development of the territory. The bill is a recommendation of the Virginia Disability Commission.

SB 63– Requires the Board of Housing and Community Development to revise the Uniform Statewide Building Code to require that at least 10 percent of all dwelling units, but in no case less than one dwelling unit, in any newly constructed multifamily residential building shall be affordable, accessible units designed and constructed in a manner that satisfies the criteria for Type A units, in accordance with ANSI A117.1. Currently, at least two percent of dwelling units, but in no case less than one dwelling unit, in any multifamily residential building must be Type A units. The bill is a recommendation of the Virginia Disability Commission

SB 313– Provides that if any locality elects to enforce Part III of the Building Code, it shall also enforce the unsafe structures provisions for tenant complaints and enforce the elevator, escalator, or related conveyance inspections. The bill also provides that where a county provides enforcement of Parts I and II of the Building Code in a town, and elects to inspect and enforce Part III of the Building Code, the county is also required to inspect and enforce Part III of the Building Code in any such town situated in the county that has also adopted Part III, upon entering into a nonmonetary agreement with the town for such enforcement, unless the town elects to inspect and enforce Part III. The bill contains technical amendments.

SB 340– Allows a locality to require any party wishing to establish a certain type of residential facility for the aged, infirm, disabled, or those with mental illness to provide public notice and participate in a public hearing. The bill requires the operator of such a facility to install smoke detectors regardless of when the building was constructed and directs the Board of Housing and Community Development to adopt regulations establishing standards for requiring smoke detectors.

Keep checking in with us as we post updates on the progress of these bills. Remember, the decisions made in the General Assembly affect all of us as Virginians. Write your legislators and urge them to support the bills you care about.

For more information on the General Assembly.

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