HB 2641 (Helmer) establishes a three-member Housing Approval Board with authority to overturn local land use decisions and to automatically approve such applications that will have the effect of increasing the supply of housing in a locality, if a locality has not made a “good faith effort” to meet required housing targets over a five-year period. Beginning January 31, 2032, an applicant who seeks local government approval for a residential development that will have the effect of increasing the supply of housing in a locality and has that application rejected may appeal such decision to the newly created Housing Approval Board. HB 2641 was approved by the Senate Local Government Committee by a vote of 7 yes – 6 no – 2 abstentions and referred to the Senate Finance and Appropriations Committee for further consideration.
ACTION REQUIRED – Call members of the Senate Finance and Appropriations Committee today to oppose SB 2641.
The process for overturning local land use decisions begins January 1, 2027, with every locality mandated to increase its total housing stock by an average of 1.5 percent growth per year for five consecutive years in order to meet a total 7.5 percent growth target.
To be “deemed” at making “a good faith effort” to meet targets, every locality is required to develop a housing growth plan that must include at least three of the following nine actions:
- Eliminate minimum lot size requirements or reduce such requirements by at least 25 percent.
- Increase building height limits for dwelling units by at least 25 percent.
- Simplify the permitting procedures for multifamily housing and shorten the average time to receive final approval for multifamily housing projects by at least 25 percent.
- Modify zoning ordinances to allow for high-density housing, including multifamily units such as apartments and condominiums, on land previously zoned for single-family use.
- Allow multifamily housing as a permitted use on all lots where office, retail, or commercial is the primary permitted use.
- Rezone land for higher-density housing near transit stations, places of employment, higher education facilities, and other appropriate population centers.
- Implement a plan to repurpose underutilized office parks and strip malls for multifamily housing.
- Eliminate requirements for off-street parking minimums per dwelling unit or reduce such requirements by at least 25 percent.
- Eliminate aesthetic, material, shape, bulk, size, floor area, and other massing requirements for multifamily developments.
KEY POINTS
- State law currently requires localities to include in their comprehensive plans … the designation of areas and implementation of measures for the construction, rehabilitation and maintenance of affordable housing, which is sufficient to meet the current and future needs of residents of all levels of income in the locality while considering the current and future needs of the planning district within which the locality is situated.
- HB 2641 preempts local land use authority and creates an unnecessary bureaucracy at the state level with policies and targets for affordable housing that are more appropriate for localities and regions to establish.
KEY CONTACTS
VACo Contact: Joe Lerch, AICP