Affordable housing; certain localities allowed to adopt dwelling unit ordinances. (HB1101)

Introduced By

Del. Betsy Carr (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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. Read the Bill »


Bill Has Passed


01/07/2020Prefiled and ordered printed; offered 01/08/20 20105278D
01/07/2020Referred to Committee on Counties, Cities and Towns
01/21/2020Assigned CC & T sub: Land Use
01/30/2020House subcommittee amendments and substitutes offered
01/31/2020House committee, floor amendments and substitutes offered
01/31/2020Committee substitute printed 20107167D-H1
01/31/2020Reported from Counties, Cities and Towns with substitute (20-Y 0-N) (see vote tally)
02/04/2020Read first time
02/05/2020Read second time
02/05/2020Committee substitute agreed to 20107167D-H1
02/05/2020Engrossed by House - committee substitute HB1101H1
02/06/2020Read third time and passed House (86-Y 13-N)
02/06/2020VOTE: Passage (86-Y 13-N) (see vote tally)
02/07/2020Constitutional reading dispensed
02/07/2020Referred to Committee on Local Government
02/14/2020Impact statement from DPB (HB1101H1)
02/17/2020Reported from Local Government (11-Y 3-N) (see vote tally)
02/18/2020Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/19/2020Read third time
02/19/2020Passed Senate (36-Y 3-N) (see vote tally)
02/21/2020Bill text as passed House and Senate (HB1101ER)
02/21/2020Signed by Speaker
02/24/2020Impact statement from DPB (HB1101ER)
02/24/2020Signed by President
02/26/2020Enrolled Bill communicated to Governor on February 26, 2020
02/26/2020G Governor's Action Deadline 11:59 p.m., March 4, 2020
03/04/2020G Approved by Governor-Chapter 143 (effective 7/1/20)
03/04/2020G Acts of Assembly Chapter text (CHAP0143)