VirginiaHB8672026 Regular SessionHouseWALLET

Affordable housing; local zoning ordinance authority.

Sponsored By: Rae Cousins (Democratic)

Signed by Governor

Summary

Affordable housing; local zoning ordinance authority. Authorizes any locality in the Commonwealth to provide for an affordable housing dwelling unit program by amending the zoning ordinance of such locality. Current law restricts such authorization to counties with an urban county executive form of government or county manager plan of government and certain other localities. In addition to optional increases in density, the bill provides that such program may include certain additional implementation measures including lot size reductions and accessory housing unit allowances. The bill has a delayed effective date of July 1, 2027, and is identical to SB 74.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Affordable housing projects avoid extra payments

Beginning July 1, 2027, projects covered by an affordable-home program under this law receive protection against extra housing-fund payments. Counties and cities cannot require these projects to contribute to a housing fund outside that program. Payments required within the program remain allowed. The law sets no savings amount and does not guarantee lower rents or home prices.

More local tools for affordable homes

Beginning July 1, 2027, eligible Virginia localities can choose to create affordable-home programs through zoning changes. Named localities include Albemarle and Loudoun counties and Alexandria, Charlottesville, Fairfax, and Falls Church cities, alongside counties with urban county executive or county manager governments. Programs can allow more homes, smaller lots, changes to building size and shape, accessory homes, and duplexes through fourplexes in mostly single-family areas. Other tools include business-space conversions to apartments, development near transit, financial incentives, manufactured or modular homes, safety inspections, and other affordable-housing measures. Programs can accept housing-fund payments instead of units and aim to support housing choices, including independent living for older residents. The law excludes ordinances adopted before January 1, 2026; optional density-increase ordinances for low- and moderate-income housing adopted before December 31, 1988 remain in force.

Public input shapes local affordable housing

Localities adopting covered affordable-home programs on or after July 1, 2027 must first form an advisory committee and actively seek input. They must seek input from residents, low- and moderate-income households, residential and mixed-use developers, and real estate professionals. They must also seek input from historic preservation, housing redevelopment, housing advocacy, planning, urban design, and finance professionals. The committee must review whether incentives and other measures are workable and financially sound, while supporting the most affordable homes possible. This process does not guarantee a set number of homes.

Sponsors & Cosponsors

Sponsor

  • Rae Cousins

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 225 • No: 91

House vote • 3/6/2026

Senate substitute agreed to by House

Yes: 65 • No: 32

Senate vote • 3/4/2026

Local Government Substitute agreed to

Yes: 0 • No: 0

Senate vote • 3/4/2026

Passed Senate with substitute

Yes: 21 • No: 19

Senate vote • 3/3/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote • 3/3/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 3/2/2026

Reported from Local Government with substitute

Yes: 8 • No: 7

House vote • 2/5/2026

Read third time and passed House

Yes: 68 • No: 30

House vote • 1/30/2026

Reported from Counties, Cities and Towns with amendment(s)

Yes: 17 • No: 3

House vote • 1/29/2026

Subcommittee recommends reporting with amendment(s)

Yes: 6 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0435)

    4/8/2026Governor
  2. Approved by Governor - Chapter 435 (effective - 7/1/2027)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Bill text as passed House and Senate (HB867ER)

    3/13/2026House
  6. Enrolled

    3/13/2026House
  7. Signed by President

    3/13/2026Senate
  8. Signed by Speaker

    3/13/2026House
  9. Senate substitute agreed to by House (65-Y 32-N 0-A)

    3/6/2026House
  10. Passed Senate with substitute (21-Y 19-N 0-A)

    3/4/2026Senate
  11. Local Government Substitute agreed to

    3/4/2026Senate
  12. Engrossed by Senate - committee substitute

    3/4/2026Senate
  13. Read third time

    3/4/2026Senate
  14. Passed by for the day Block Vote (Voice Vote)

    3/3/2026Senate
  15. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/3/2026Senate
  16. Rules suspended

    3/3/2026Senate
  17. Committee substitute printed 26109001D-S1

    3/2/2026Senate
  18. Reported from Local Government with substitute (8-Y 7-N)

    3/2/2026Senate
  19. Referred to Committee on Local Government

    2/6/2026Senate
  20. Constitutional reading dispensed (on 1st reading)

    2/6/2026Senate
  21. Read third time and passed House (68-Y 30-N 0-A)

    2/5/2026House
  22. Engrossed by House as amended

    2/4/2026House
  23. committee amendments agreed to

    2/4/2026House
  24. Read second time

    2/4/2026House
  25. Read first time

    2/3/2026House

Bill Text

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