HB 247 sought to allow civil action to be brought against a housing authority when security that has been hired or procured by the authority fails to protect the residents from injury or death.

It was brought to the Courts Sub-committee’s attention that there was current litigation pending and that an appellate court had deemed housing authorities to have qualified immunity which limits civil action to gross negligence.

This bill failed and was carried over to 2025 to revisit at that time.

VAHCDO representatives are actively seeking to work with stakeholders to prevent the reintroduction of this bill in 2025. It is our hope that another solution can be found without legislative intervention.

HB 1203 seeks to increase the available funding pool for the Communities of Opportunity Tax Credit from $250,000 to $500,000. It also creates a pilot program in which $100,000 is earmarked for areas outside of the three major metropolitan areas of Richmond, Northern Virginia/Washington D.C., and Virginia Beach/Newport News statistical areas. These areas can qualify for the tax credit in which less than 40% of the residents live below the poverty level. The remaining tax credit pool is available to all statistical areas in Virginia in which less than 10% of residents live below the poverty level. This bill will help to incentivize housing providers in metropolitan, suburban and rural areas to participate in the housing voucher program. It will open communities of opportunity which has statistically shown to improve both educational opportunities and support better health options for Virginia families.

HB 1203 passed both the House and Senate legislative chambers with an overwhelming bipartisan majority and was signed into law by Governor Youngkin. This law will go into effect July 1^st, 2024.

VAHCDO will be promoting this bill through a media campaign which will include postings on both traditional and social media platforms.

This was a VAHCDO-sponsored bill that was introduced by Delegate Schuyler VanValkenburg. The bill offered technical amendments that clarified requirements of the tenant rights and responsibilities disclosure. The original law required that the tenant sign an acknowledgment form that they received the disclosure. However, housing providers had instances where a tenant either failed or refused to sign the acknowledgment form. This led to judicial confusion when cases of unlawful detainer were brought before a court with some judges refusing to move forward on cases until the acknowledgment form had been signed.
 
The new requirement only requires a housing provider record when the tenant rights and responsibilities disclosure has been provided to the tenant.
 

We garnered the support of the Virginia REALTORS and VAMMHA and worked closely with the Virginia Poverty Law Center to position this bill for success. After going into conference committee, the final passage of this bill was 93(Y)-0(N) in the House of Delegates, and 40(Y)-0(N) in the Senate. The bill became law July 1, 2023.

HB 1771 was another VAHCDO-sponsored bill and was carried by Delegate Rodney Willett. Delegate Willett was successful in geographically expanding the COTC from the Richmond, Northern Virginia, and Virginia Beach/Hampton Roads regions to the entire state. Therefore, increasing the available amount of the tax credit was the next logical step. The existing $250,000 pool of funds were fully subscribed to in 2021, and so, we sought to increase the pool to $1 million. This request was due to the COTC now being offered statewide.

The bill was discussed thoroughly in committee and was given favorable comments from both Democrats and Republicans on the committee. Unfortunately, the increase was not in the scope of budgetary priorities for 2023, and the bill was gently laid on the table. We are currently working with DHCD and other stakeholders to posture this bill for success in the 2024 General Assembly session. We are also identifying possible patrons in both the House and Senate to carry this bill in 2024.

This bill would have allowed IDA’s to promote safe and affordable housing even with the presence of an overlapping housing authority in a given locality. This bill presented concerns on the scope of abilities by IDA’s to expand into housing provision. This bill was laid on the table and did not move forward by a vote of 9(Y)-0(N). The issue is currently being discussed by the Virginia Housing Commission.

HB 1614 and SB 1384 sought to require housing authorities to permit tenants to own or maintain one or more common household pets. This bill would have allowed tenants to have any number of pets without any weight or size limitations regardless of the size or location of the unit. Both versions of this bill failed in the General Laws committee in the House of Delegates.
 
Note: We should expect to see some version of this bill return next year due to the over population of humane society facilities.

As we draw closer to a state budget compromise, we will update you on any budgetary items that may affect VAHCDO and its members.
 
A skinny budget was passed before the end of the 2023 legislative session. Some budget items of note are provided below:

• Provides $115.9 million GF in FY 2023 and $125.8 million GF in FY 2024 for the combined impact of K-12 technical adjustments related to average daily membership (ADM) changes, sales tax revenue forecast changes, and program participation rate updates.
• Provides $16.8 million GF in FY 2023 ensuring that no school division receives less funding than was communicated in error last June after accounting for the increased funding from enrollment and sales tax forecast changes.
• Appropriates $405.9 million in FY 2024 to the Rainy-Day Fund from the FY 2022 revenue surplus to meet a portion of the Constitutionally required deposit.
• Additionally, transfers $498.7 million from the Revenue Reserve Fund to the Revenue Stabilization Fund to meet the remaining portion of the required deposit. This amount was deposited in FY 2022 to the Revenue Reserve Funds as a down payment for the required FY 2024 mandatory deposit.
• In total, this provides $904.6 million to the Rainy-Day Fund to fully meet the FY 2024 mandatory deposit.
• Provides $250.0 million GF in FY 2023 to the Virginia Retirement System to address unfunded liabilities. This amount was approved as a contingent appropriation by the 2022 General Assembly. This brings total lump sum deposits to $1.0 billion over the last two years.
• Provides an additional $100.0 million GF in FY 2023 to the 2022 Capital Supplement Pool for cost overruns on previously authorized capital projects. The amount was approved as a contingent appropriation by the 2022 General Assembly, bringing the total supplement pool to $450.0 million.