Virginia HB 804: Localities; statewide housing targets.

Bill Text

2026 SESSION

INTRODUCED

26100268D

HOUSE BILL NO. 804

Offered January 14, 2026

Prefiled January 13, 2026

A BILL to amend and reenact §§ 15.2-2309 and 36-139 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered 15.2-2209.4, relating to statewide housing targets for localities.

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Patrons—Helmer, Clark, Guzman, LeVere Bolling and Keys-Gamarra

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Referred to Committee on Counties, Cities and Towns

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Be it enacted by the General Assembly of Virginia:

1. That §§ 15.2-2309 and 36-139 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section numbered 15.2-2209.4 as follows:

§ 15.2-2209.4. Statewide housing targets for localities.

A. The provisions of this section shall apply to every locality that has adopted a zoning ordinance pursuant to Article 7 (§ 15.2-2280 et seq.), but shall not apply to any locality that has had at least 7.5 percent growth in its total housing stock from January 1, 2020, to January 1, 2025, for so long as such locality does not drop below one percent annual growth in subsequent years. The calculation of such subsequent growth shall include the extra weight for increases in affordable housing and housing rehabilitation pursuant to subdivision 33 of § 36-139.

B. For a five-year period beginning January 1, 2028, each locality is required to increase its total housing stock by an average of 1.5 percent growth per year for five consecutive years in order to meet the total 7.5 percent growth target. Each locality shall develop a housing growth plan by July 1, 2027, that best meets the needs of the locality while meeting the target growth rates. When completed, each locality shall submit such housing growth plan to the Department of Housing and Community Development and make the plan publicly accessible. Such plan may include any strategy deemed appropriate by the locality; however, for purposes of demonstrating a good faith effort to meet growth targets pursuant to subsection C, a locality shall include modeling that demonstrates that the plan will result in the permitting of the required number of units and either (i) a zoning ordinance that includes provisions allowing for the by-right development and construction of multifamily residential uses on at least 75 percent of all land contained in commercial or business zoning district classifications, including any land contained in commercial or business zoning district classifications that allow for the by-right development and construction of single-family residential uses or (ii) at least three of the following housing growth strategies, submitted to and made available to the public by the Department of Housing and Community Development:

1. Eliminate minimum lot size requirements for new housing developments on commercial, industrial, or undeveloped residential parcels.

2. Eliminate off-street parking requirements for new housing developments on commercial, industrial, or undeveloped residential parcels.

3. Increase building height limits for multifamily housing in one or more districts zoned for multifamily housing.

4. Reduce the median time to receive final approval for site plans and rezonings combined for new single-family and multifamily housing developments to 180 days and for new affordable housing developments to 120 days. 

5. Modify zoning ordinances to allow for accessory dwelling units and high-density housing, including multifamily units such as apartments and condominiums, on land previously zoned for single-family use, including all land use changes necessary to make for feasible construction of accessory dwelling units.

6. Rezone all commercial and undeveloped residential parcels to allow for residential development near transit stations, places of employment, higher education facilities, and other appropriate population centers.

7. Rezone office parks and strip malls to permit high-density single-family and multifamily housing developments.

8. Create and fund an affordable housing trust fund to provide grant subsidies to for-profit and nonprofit developers for the purpose of building single-family and multifamily housing priced at rates affordable to households earning below 80 percent of the area median income.

C. 1. After July 1, 2027, a developer or an organization whose mission is to advocate for increased residential development may appeal to the board of zoning appeals if the petitioner believes that a locality's housing growth plan does not meet the requirements of this section. Appeals filed pursuant to this subdivision may be filed any time prior to January 1, 2033, in accordance with general law. If the board of zoning appeals determines that such housing growth plan does not meet the requirements of this section, the board of zoning appeals can declare the locality to be noncompliant and force the locality to take cor