Virginia At Issue - December 2022

Of particular concern are proposals to authorize local rent control policies and to reinstitute eviction prevention requirements that were in place during the pandemic, including requirements to  extend the “pay-or-quit” timeline from five to 14 days. AOBA successfully fought similar measures during last year’s General Assembly session. The extended pay-or-quit timeline as well as requirements for housing providers to offer the option of a payment plan and apply for rental assistance on the tenant’s behalf expired July 1. Although AOBA has presented data to legislators showing pandemic eviction procedures will cause more harm than benefit if not backstopped by permanent rental assistance funding, tenant advocates continue to press for these measures. As an alternative, AOBA has actively supported the creation of a state housing voucher program that supplements the federal Section 8 Housing Choice Voucher Program to assist those Virginians who are chronically housing burdened. Last month, AOBA participated in a workgroup to revise the Virginia Housing Stability Fund report draft and provide recommendations to help the implementation of a statewide voucher program. 
 
Additionally, Governor Glenn Youngkin unveiled his “Make Virginia Home” plan, which recognizes and seeks to address Virginia’s affordable housing supply. The Governor’s plan proposes to achieve increased production by addressing barriers to development and providing localities with the necessary tools to facilitate such production. Regulatory processes are a significant target for reform given that 41% of construction costs for multifamily projects are due to regulatory burden. Addressing regulatory burdens will lower the development cost of housing and result in lower rents for Virginia renters. While details of the plan have yet to be unveiled, AOBA welcomed the Governor’s attention to this vital issue and looks forward to working with him during the General Assembly Session to achieve the goals laid out in this plan. 

Listed below are several bills affecting AOBA members that we anticipate being drafted for consideration:  

One area on which AOBA and our local governments agree is the importance of and need for more funding from the Commonwealth for housing creation and housing assistance. All of the jurisdictions seek additional funding for the Virginia Housing Trust Fund, as well as providing for both state and local tools to help residents who experience housing difficulties, such as state tax credits and vouchers 

The jurisdictions call for additional tenant protections to various degrees. Alexandria, Arlington, and Loudoun call for legislation to allow localities to enforce the health and safety provisions of the Virginia Residential Landlord and Tenant Act – AOBA worked with the patron of a similar bill last year to limit application to fire hazards and serious threats to life, health, or safety and to prevent unintended consequences for property owners acting in good faith. Governor Youngkin vetoed the resulting bill, which we expect to be reintroduced this session. 

Alexandria endorsed legislation to reinstate permanently the emergency, temporary, pandemic-era extension of the timeline for pay or quit notices to 14 days, which AOBA vigorously opposed last year and will again in 2023. Loudoun expressed support for rent stabilization, and a right to counsel for households facing eviction – new legislative items which AOBA will oppose, as we have with similar measures in DC and Maryland.  Loudoun is additionally asking the General Assembly for advance notification of rent increases for leases which automatically renew at the end of the lease term.  AOBA secured amendments to similar legislation last year to align with standard industry practices.  Though the industry ultimately supported the measure, it failed in the House of Delegates and is likely to come back for consideration again this year.  

Every locality in our region has made a cautiously skeptical statement on Governor Youngkin’s Make Virginia Home plan to increase housing creation by addressing construction restrictions and streamlining the permitting process. Although several of our local jurisdictions are undertaking studies to increase their zoning flexibility, they all will guard zealously their land use prerogatives against any intrusion from the Commonwealth. We have yet to see the details of bills to be brought under this plan but expect to see push-back from local governments through the Virginia Municipal League and VirginiaAssociation of Counties. AOBA has expressed support for the goals outlined in the Governor’s framework as we also await the details of the Governor’s plan.

Impacting both residential and commercial members is a call by Alexandria, Arlington, and Fairfax to implement local energy efficiency and consumption benchmarking and disclosure, which AOBA will continue to oppose. Fairfax County additionally calls for the legislature to adopt the International Green Construction Code (IgCC) and International Energy Conservation Code (IECC) into the Virginia Building Code. AOBA opposes legislating the building code, which is updated triennially by the Department of Housing and Community Development.