Bill Text: VA SB1049 | 2023 | Regular Session | Prefiled
Bill Title: Affordable housing initiatives; VHDA to report on statewide housing needs assessment & plan.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-18 - Incorporated by General Laws and Technology [SB1049 Detail]
Download: Virginia-2023-SB1049-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§36-55.51 and 36-139 of the Code of Virginia are amended and reenacted as follows:
§36-55.51. Reports.
A. HDA shall submit to the Governor within ninety 90 days after the end of its
fiscal year a complete and detailed report setting forth:
(1) 1. Its operations and
accomplishments;
(2) 2. Its receipts and
expenditures during such fiscal year in accordance with the categories or
classifications established by HDA for its operating and capital outlay
purposes;
(3) 3. Its assets and liabilities
at the end of its fiscal year, including a schedule of its mortgage loans and
commitments and the status of reserve, special,
or other funds; and
(4) 4. A schedule of its notes and
bonds outstanding at the end of its fiscal year, together with a statement of
the amounts redeemed and incurred during such fiscal year.
B. HDA shall submit to the Chairs of the Senate Committee on Finance and Appropriations and House Committee on Appropriations and the Virginia Housing Commission within 90 days after the end of its fiscal year a complete and detailed report setting forth:
1. HDA's annual contributions to the Resources Enabling Affordable Community Housing (REACH) program or to any future program that reinvests HDA's net earnings into affordable housing initiatives and the annual fund balance for such program;
2. The amount of such program's funds spent during the fiscal year by broad purpose;
3. The balance of such program's funds after the most recent fiscal year's expenditures, as well as the total amount of funds committed to be spent in future years; and
4. The outputs and outcomes associated with such program's expenditures, as measured through the program's performance measures.
C. In order to maintain liaison in development of housing
policy, the HDA shall also have the
duty of providing reports to the Director of the Department of Housing and
Community Development on its policies, objectives, priorities, operations, and programs, both present
and projected, so as to assist the Director in the formulation of his reports
to the Governor and General Assembly regarding housing and community development
policies, goals, plans, and
programs.
§36-139. Powers and duties of Director.
The Director of the Department of Housing and Community Development shall have the following responsibilities:
1. Collecting from the governmental subdivisions of the Commonwealth information relevant to their planning and development activities, boundary changes, changes of forms and status of government, intergovernmental agreements and arrangements, and such other information as he may deem necessary.
2. Making information available to communities, planning district commissions, service districts and governmental subdivisions of the Commonwealth.
3. Providing professional and technical assistance to, and cooperating with, any planning agency, planning district commission, service district, and governmental subdivision engaged in the preparation of development plans and programs, service district plans, or consolidation agreements.
4. Assisting the Governor in the providing of such state financial aid as may be appropriated by the General Assembly in accordance with §15.2-4216.
5. Administering federal grant assistance programs, including funds from the Appalachian Regional Commission, the Economic Development Administration and other such federal agencies, directed at promoting the development of the Commonwealth's communities and regions.
6. Developing state community development policies, goals, plans and programs for the consideration and adoption of the Board with the ultimate authority for adoption to rest with the Governor and the General Assembly.
7. Developing a Consolidated Plan to guide the development and implementation of housing programs and community development in the Commonwealth for the purpose of meeting the housing and community development needs of the Commonwealth and, in particular, those of low-income and moderate-income persons, families and communities.
8. Determining present and future housing requirements of the Commonwealth on an annual basis and revising the Consolidated Plan, as necessary to coordinate the elements of housing production to ensure the availability of housing where and when needed.
9. Assuming administrative coordination of the various state housing programs and cooperating with the various state agencies in their programs as they relate to housing.
10. Establishing public information and educational programs relating to housing; devising and administering programs to inform all citizens about housing and housing-related programs that are available on all levels of government; designing and administering educational programs to prepare families for home ownership and counseling them during their first years as homeowners; and promoting educational programs to assist sponsors in the development of low and moderate income housing as well as programs to lessen the problems of rental housing management.
11. Administering the provisions of the Industrialized Building Safety Law (§36-70 et seq.).
12. Administering the provisions of the Uniform Statewide Building Code (§36-97 et seq.).
13. Establishing and operating a Building Code Academy for the training of persons in the content, application, and intent of specified subject areas of the building and fire prevention regulations promulgated by the Board of Housing and Community Development.
14. Administering, in conjunction with the federal government, and promulgating any necessary regulations regarding energy standards for existing buildings as may be required pursuant to federal law.
15. Identifying and disseminating information to local governments about the availability and utilization of federal and state resources.
16. Administering, with the cooperation of the Department of Health, state assistance programs for public water supply systems.
17. Advising the Board on matters relating to policies and programs of the Virginia Housing Trust Fund.
18. Designing and establishing program guidelines to meet the purposes of the Virginia Housing Trust Fund and to carry out the policies and procedures established by the Board.
19. Preparing agreements and documents for loans and grants to be made from the Virginia Housing Trust Fund; soliciting, receiving, reviewing and selecting the applications for which loans and grants are to be made from such fund; directing the Virginia Housing Development Authority and the Department as to the closing and disbursing of such loans and grants and as to the servicing and collection of such loans; directing the Department as to the regulation and monitoring of the ownership, occupancy and operation of the housing developments and residential housing financed or assisted by such loans and grants; and providing direction and guidance to the Virginia Housing Development Authority as to the investment of moneys in such fund.
20. Establishing and administering program guidelines for a statewide homeless intervention program.
21. Administering 15 percent of the Low Income Home Energy Assistance Program (LIHEAP) Block Grant and any contingency funds awarded and carry over funds, furnishing home weatherization and associated services to low-income households within the Commonwealth in accordance with applicable federal law and regulations.
22. Developing a strategy concerning the expansion of affordable, accessible housing for older Virginians and Virginians with disabilities, including supportive services.
23. Serving as the Executive Director of the Commission on Local Government as prescribed in §15.2-2901 and perform all other duties of that position as prescribed by law.
24. Developing 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.
25. Administering the Private Activity Bonds program in Chapter 50 (§15.2-5000 et seq.) of Title 15.2 jointly with the Virginia Small Business Financing Authority and the Virginia Housing Development Authority.
26. Developing a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Residential Landlord and Tenant Act (§55.1-1200 et seq.) and maintaining such statement on the Department's website. The Director shall also develop and maintain on the Department's website a printable form to be signed by the parties to a written rental agreement acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities as required by §55.1-1204. The Director may at any time amend the statement of tenant rights and responsibilities and such printable form as the Director deems necessary and appropriate. The statement of tenant rights and responsibilities shall contain a plain language explanation of the rights and responsibilities of tenants in at least 14-point type. The statement shall provide the telephone number and website address for the statewide legal aid organization and direct tenants with questions about their rights and responsibilities to contact such organization.
27. Developing a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Manufactured Home Lot Rental Act (§55.1-1300 et seq.) and maintaining such statement on the Department's website. The Director shall also develop and maintain on the Department's website a printable form to be signed by the parties to a written rental agreement acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities as required by §55.1-1303. The Director may at any time amend the statement of tenant rights and responsibilities and such printable form as the Director deems necessary and appropriate. The statement of tenant rights and responsibilities shall contain a plain language explanation of the rights and responsibilities in at least 14-point type. The statement shall provide the telephone number and website address for the statewide legal aid organization and direct tenants with questions about their rights and responsibilities to contact such organization.
28. Developing a sample termination notice that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant in accordance with §55.1-1250. The sample termination notice shall be in at least 14-point type and shall be maintained on the Department's website.
29. Conducting a comprehensive statewide housing needs assessment at least every five years, which shall include (i) a review of housing cost burden and instability, supply and demand for affordable rental housing, and supply and demand for affordable for-sale housing and (ii) regional or local profiles that focus on specific housing needs of particular regions or localities.
30. Developing a statewide housing plan that reflects the findings of the statewide housing needs assessment conducted pursuant to subdivision 29, which plan shall include measurable goals and be updated at least every five years to reflect changes in the Commonwealth's housing goals, and providing an annual report to the General Assembly on progress toward meeting the goals identified in such plan.
31. Collecting and publishing certain zoning information from Virginia localities at least every five years, which shall, at a minimum, include (i) the proportion of developable land zoned for single-family residential use, multifamily residential use, and nonresidential uses; (ii) the estimated proportion of unmet housing needs can be met by existing by-right development; (iii) a description of any affordable dwelling unit ordinances pursuant to §15.2-2304, 15.2-2305, or 15.2-2305.1 implemented in the locality; (iv) when a substantive change to the local zoning policy was last made; (v) the typical amount of time to secure preliminary plat or plan approval for (a) a single-family development consistent with zoning ordinances, (b) single-family developments requiring a conditional use permit or variance, (c) single-family developments requiring a zoning amendment, (d) a multifamily development consistent with zoning ordinances, (e) multifamily developments requiring a conditional use permit or variance, and (f) multifamily developments requiring a zoning amendment; and (vi) the most common reasons for which developers request zoning exceptions for single-family and multifamily developments. This information may be collected from localities through periodic surveys; localities shall respond to all such inquiries of the Department.
32. Carrying out such other duties as may be necessary and convenient to the exercise of powers granted to the Department.
