Virginia At Issue - August 2022
Virginia Housing Commission to Review Rent Escrow Legislation
Amongst the bills the Virginia Housing Commission will review this summer is SB 284, legislation that would eliminate the rent escrow requirement in cases where a tenant asserts a warranty of habitability defense. It also reduces the timeframe for a housing provider to remedy certain conditions from 30 to 14 days. This bill was sent to the Housing Commission for study in the last General Assembly Session and will be reconsidered in September.
S.B. 284 effectively leaves housing providers holding the bag in cases where a judge finds against a tenant who alleges noncompliance. Under current law, if a tenant prevails in court, they are refunded rent paid into escrow. By eliminating the escrow requirement, housing providers will likely go uncompensated for services provided even when the court finds in their favor. AOBA will be participating in the Commission's work group meetings on the bill and will continue to oppose the measure as it is debated.
REMINDER: DHCD Seeking Housing Provider Input on Permanent Rental Assistance Program
The Virginia General Assembly has asked the Department of Housing and Community Development (DHCD) to develop program guidelines for a state rental assistance program (The Virginia Housing Stability Fund). The Study language, which can be found here, states that the program will function to ensure that qualifying tenants do not pay over 30% of their income in rent, similar to the Federal Housing Choice Voucher Program.
Member Action: To write the report, DHCD is requesting AOBA member engagement in a stakeholder work group consisting of property owners and managers. AOBA encourages members to participate and provide industry input on the design of what could become a crucial housing stability program. The proposed timeline for the workgroup is below:
- Outreach and development – June/July
- Focus groups – week of July 25
- DHCD staff to write draft report – August/September
- Draft report due to full work group – September 30
- Full workgroup meeting for feedback on draft – week of October 17
- Final draft due to workgroup – November 14
- DHCD staff to present final draft to workgroup for feedback [if necessary] – week of November 14
- DHCD staff to incorporate final suggestions – week of November 21
Members who are interested in participating in the DHCD workgroup should email Bismah Ahmed, Vice President of Government Affairs - VA.
AOBA's Local Level Advocacy Focused on Zoning and Development
Much of the Virginia local focus for the second half of 2022 will be on ensuring a hospitable environment for multifamily housing and office buildings. Loudoun County will continue its Zoning Ordinance Rewrite process, with the goal of approving a new zoning ordinance in the spring of 2023. AOBA will follow up on the feedback it gave on the most recent draft that encourages flexibility for apartments and offices, along with related uses such as data centers and scientific labs across the County.
In Arlington, the County’s Missing Middle housing study is expected to come for a vote in December, and AOBA will support expanding uses for duplexes, townhouses, and other middle housing forms to promote a better-functioning housing market that serves more members of the community.
Lastly, AOBA will continue to monitor and contribute to Prince William County’s work on a proposed Affordable Dwelling Unit (ADU) ordinance. Members with questions or comments may contact Scott Pedowitz, Manager of Government Affairs - VA