Affordable housing; certain localities allowed to adopt dwelling unit ordinances.
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HB 1101 — Affordable housing; certain localities allowed to adopt dwelling unit ordinances.
Last action — Approved by Governor-Chapter 143 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Affordable housing dwelling unit ordinances. Allows certain localities to adopt affordable housing dwelling unit ordinances. The governing body of any locality, other than localities to which certain current affordable housing provisions apply, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Such program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low-and-moderate-income citizens by providing for increases in density to the applicant in exchange for the applicant's voluntarily electing to provide such affordable housing. Any local ordinance may authorize the governing body to (i) establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees, as the governing body deems appropriate to encourage the provision of affordable housing.The bill provides that any zoning ordinance establishing an affordable housing dwelling unit program may include reasonable regulations and provisions as to any or all of the following: (a) for application of the requirements of an affordable housing dwelling unit program to any site, as defined by the locality, or a portion thereof at one location that is the subject of an application for rezoning or special exception or site plan or subdivision plat that yields, as submitted by the applicant, at an equivalent density greater than one unit per acre and that is located within an approved sewer area; (b) the waiver of any fees associated with the construction, renovation, or rehabilitation of a structure, including building permit fees, application review fees, and water and sewer connection fees; (c) for standards of compliance with the provisions of an affordable housing dwelling unit program and for the authority of the local governing body or its designee to enforce compliance with such standards and impose reasonable penalties for noncompliance, provided that such local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body; and (d) various other provisions set out in the bill.Any zoning ordinance establishing such affordable housing dwelling unit program shall adopt the regulations and provisions set out in the bill to establish an affordable housing density bonus and development standards relief program. This bill is identical to SB 834.
Bill Text
What changed in the latest version
38 added · 38 removedPlain-language change summary
The amendments to Bill HB 1101 have clarified the process for determining affordable housing requirements during rezoning or site plan applications. Specifically, the bill now mandates that zoning administrators provide a written decision within 30 days regarding eligibility for density bonuses, parking ratios, and development standard waivers. This change is important because it establishes a clearer timeline for applicants, ensuring a more efficient and transparent review process that can help expedite the development of affordable housing.
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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 143 An Act to amend the Code of Virginia by adding a section numbered 15.2-2305.1, relating to affordable housing dwelling unit ordinances.
[H 1101] Approved March 4, 2020 Be it enacted by the General Assembly of Virginia:
Any locality establishing an affordable housing dwelling unit program pursuant to this section shall not condition the submission, review, or approval of any application for a housing development on the basis of an applicant's decision to incorporate units deemed affordable for low-income or very-low-income households.
"Housing development" means a specific work or improvement within the Commonwealth, whether multifamily residential housing or single-family residential housinghousing, undertaken primarily to provide dwelling accommodations, including the acquisition, construction, rehabilitation, preservation, or improvement of land, buildings, and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental, related, or appurtenant thereto.
View plain text versions (4)
- Acts of Assembly Chapter text (CHAP0143) View text Current html March 04, 2020
- Bill text as passed House and Senate (HB1101ER) View text html February 21, 2020
- Committee Substitute Engrossed by House - committee substitute HB1101H1 html January 31, 2020
- Committee Substitute Engrossed by House - committee substitute HB1101H1 html January 07, 2020
Action History
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Approved by Governor-Chapter 143 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., March 4, 2020
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Enrolled Bill communicated to Governor on February 26, 2020
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Signed by President
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Impact statement from DPB (HB1101ER)
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Signed by Speaker
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Enrolled
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Passed Senate (36-Y 3-N)
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Read third time
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Constitutional reading dispensed (38-Y 0-N)
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Reported from Local Government (11-Y 3-N)
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Impact statement from DPB (HB1101H1)
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Referred to Committee on Local Government
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Constitutional reading dispensed
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VOTE: Passage (86-Y 13-N)
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Read third time and passed House (86-Y 13-N)
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Engrossed by House - committee substitute HB1101H1
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Committee substitute agreed to 20107167D-H1
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Read second time
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Read first time
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Reported from Counties, Cities and Towns with substitute (20-Y 0-N)
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Committee substitute printed 20107167D-H1
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House committee, floor amendments and substitutes offered
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House subcommittee amendments and substitutes offered
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Assigned CC & T sub: Land Use
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Referred to Committee on Counties, Cities and Towns
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Prefiled and ordered printed; offered 01/08/20 20105278D
Sponsors
- Betsy B. Carr · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 17 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 36 | 3 | 0 | 1 |
| Total | 36 | 3 | 0 | 1 |
| % of votes cast | 90% | 8% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 3 | 0 | 0 |
| Total | 11 | 3 | 0 | 0 |
| % of votes cast | 79% | 21% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Barbara A. Favola | — | Yea |
| Bell, John J. | — | Yea |
| Bill DeSteph | — | Nay |
| Chase, Amanda F. | — | Nay |
| Dunnavant, Siobhan S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Lewis, Lynwood W., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 85 | 13 | 0 | 1 |
| Total | 85 | 13 | 0 | 1 |
| % of votes cast | 86% | 13% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 2 |
| Total | 20 | 0 | 0 | 2 |
| % of votes cast | 91% | 0% | 0% | 9% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Askew, Alex Q. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Carter, Lee J. | — | Not Voting |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guy, Nancy D. | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Jones, Jerrauld C. "Jay" | — | Yea |
| Joseph P. McNamara | — | Not Voting |
| Kory, Kaye | — | Yea |
| LaRock, Dave A. | — | Yea |
| M. Keith Hodges | — | Yea |
| Mugler, Martha M. | — | Yea |
| Murphy, Kathleen | — | Yea |
| Poindexter, Charles D. | — | Yea |
| Samirah, Ibraheem S. | — | Yea |
| Scott A. Wyatt | — | Yea |
| Subramanyam, Suhas | — | Yea |
Subjects
Frequently asked questions
- What does HB 1101 do?
- Affordable housing dwelling unit ordinances. Allows certain localities to adopt affordable housing dwelling unit ordinances. The governing body of any locality, other than localities to which certain current affordable housing provisions apply, may by amendment to the zoning ordinances of such locality provide for an affordable housing dwelling unit program. Such program shall address housing needs, promote a full range of housing choices, and encourage the construction and continued existence of housing affordable to low-and-moderate-income citizens by providing for increases in density to the applicant in exchange for the applicant's voluntarily electing to provide such affordable housing. Any local ordinance may authorize the governing body to (i) establish qualifying jurisdiction-wide affordable dwelling unit sales prices based on local market conditions, (ii) establish jurisdiction-wide affordable dwelling unit qualifying income guidelines, and (iii) offer incentives other than density increases, such as reductions or waiver of permit, development, and infrastructure fees, as the governing body deems appropriate to encourage the provision of affordable housing.The bill provides that any zoning ordinance establishing an affordable housing dwelling unit program may include reasonable regulations and provisions as to any or all of the following: (a) for application of the requirements of an affordable housing dwelling unit program to any site, as defined by the locality, or a portion thereof at one location that is the subject of an application for rezoning or special exception or site plan or subdivision plat that yields, as submitted by the applicant, at an equivalent density greater than one unit per acre and that is located within an approved sewer area; (b) the waiver of any fees associated with the construction, renovation, or rehabilitation of a structure, including building permit fees, application review fees, and water and sewer connection fees; (c) for standards of compliance with the provisions of an affordable housing dwelling unit program and for the authority of the local governing body or its designee to enforce compliance with such standards and impose reasonable penalties for noncompliance, provided that such local zoning ordinance provide for an appeal process for any party aggrieved by a decision of the local governing body; and (d) various other provisions set out in the bill.Any zoning ordinance establishing such affordable housing dwelling unit program shall adopt the regulations and provisions set out in the bill to establish an affordable housing density bonus and development standards relief program. This bill is identical to SB 834.
- Who sponsors HB 1101?
- HB 1101 is sponsored by Betsy B. Carr.
- What is the current status of HB 1101?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track HB 1101?
- Track HB 1101 free on One Click Politics — get push/email alerts when it moves.
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