Affordable Housing Right of First Refusal Framework
Summary
Virginia HB4 creates a right of first refusal framework enabling localities to preserve publicly supported affordable housing. The bill, enrolled March 30, 2026, authorizes localities with populations exceeding 3,500 to adopt ordinances requiring property owners to accept first refusal offers to maintain affordability for at least 15 years. Civil penalties apply for non-compliance with the preservation requirements.
What changed
HB4 establishes a new framework for Virginia localities to preserve affordable housing through right of first refusal mechanisms on publicly supported housing. The bill defines key terms including 'publicly supported housing' and 'qualified designee,' and authorizes localities to adopt ordinances compelling owners to accept first refusal offers that preserve affordability for a minimum of 15 years. The legislation also introduces civil penalties for violations.
Localities with populations greater than 3,500 that adopt such ordinances must submit annual compliance reports to the Department of Housing and Community Development. Property owners and developers in affected localities should assess whether their housing stock qualifies as publicly supported housing under the new definitions and prepare for potential right of first refusal requirements when selling or converting properties. The 15-year preservation commitment represents a significant long-term restriction on property use.
What to do next
- Assess whether owned properties constitute publicly supported housing under HB4 definitions
- Monitor locality ordinances as localities with >3,500 population may adopt the right of first refusal framework
- Review annual reporting obligations if operating as a qualified designee for localities
Penalties
Civil penalties as specified in the bill for non-compliance with right of first refusal and preservation requirements
Source document (simplified)
VA HB4 | 2026 | Regular Regular Session
Virginia House Bill 4
VA State Legislature page for HB4
- Summary
- Sponsors
- Texts
- Votes
- Research
- Comments
- Track
Status
Sponsorship: Partisan Bill (Democrat 30)
Status: Enrolled on March 30 2026 - 75% progression
Action: 2026-03-30 - Bill text as passed House and Senate (HB4ER)
Text: Latest bill text (Enrolled) [HTML]
Summary
Preservation of affordable housing; definitions; civil penalty. Creates a framework for localities to preserve affordable housing by exercising a right of first refusal on publicly supported housing, defined in the bill. The bill authorizes localities to adopt an ordinance that requires an owner to accept a right of first refusal offer by the locality or qualified designee, defined in the bill, in order to preserve affordable housing for at least 15 years. The bill requires that any locality with a population greater than 3,500 adopting such an ordinance to preserve affordable housing submit an annual report to the Department of Housing and Community Development pursuant to existing law.
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Title
Affordable housing; preservation, definitions, civil penalty.
Sponsors
| Sen. Elizabeth Bennett-Parker [D] | Del. Gretchen Bulova [D] | Del. Katrina Callsen [D] | Del. Karen Carnegie [D] |
| Del. Nadarius Clark [D] | Del. Laura Jane Cohen [D] | Del. Kelly Convirs-Fowler [D] | Del. Rae Cousins [D] |
| Del. Mark Downey [D] | Del. Michael Feggans [D] | Del. Lily Franklin [D] | Del. Margaret Franklin [D] |
| Del. Debra Gardner [D] | Del. Jackie Glass [D] | Del. Elizabeth Guzman [D] | Del. Rozia Henson [D] |
| Del. Karen Keys-Gamarra [D] | Del. Destiny LeVere Bolling [D] | Del. Michelle Maldonado [D] | Del. Marty Martinez [D] |
| Del. Adele McClure [D] | Del. Garrett McGuire [D] | Del. Leslie Chambers Mehta [D] | Del. May Nivar [D] |
| Del. Kimberly Pope Adams [D] | Del. Marcia Price [D] | Del. Atoosa Reaser [D] | Del. Briana Sewell [D] |
| Del. Richard Sullivan [D] | Del. Kathy Tran [D] | | |
Roll Calls
2026-03-10 - Senate - Passed Senate (21-Y 19-N 0-A) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2026-03-06 - Senate - Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A) (Y: 39 N: 0 NV: 0 Abs: 1) [PASS]
2026-03-04 - Senate - Reported from General Laws and Technology (9-Y 6-N) (Y: 9 N: 6 NV: 0 Abs: 0) [PASS]
2026-02-02 - House - Read third time and passed House (65-Y 34-N 0-A) (Y: 65 N: 34 NV: 0 Abs: 1) [PASS]
2026-01-27 - House - Reported from General Laws (15-Y 6-N) (Y: 15 N: 6 NV: 0 Abs: 1) [PASS]
2026-01-22 - House - Subcommittee recommends reporting (7-Y 3-N) (Y: 7 N: 3 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
| --- | --- | --- |
| 2026-03-30 | House | Bill text as passed House and Senate (HB4ER) |
| 2026-03-30 | House | Enrolled |
| 2026-03-10 | Senate | Passed Senate (21-Y 19-N 0-A) |
| 2026-03-10 | Senate | Read third time |
| 2026-03-09 | Senate | Passed by for the day |
| 2026-03-06 | Senate | Passed by for the day Block Vote (Voice Vote) |
| 2026-03-06 | Senate | Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A) |
| 2026-03-06 | Senate | Rules suspended |
| 2026-03-04 | Senate | Reported from General Laws and Technology (9-Y 6-N) |
| 2026-02-25 | Senate | Assigned GL&T sub: Housing |
| 2026-02-03 | Senate | Referred to Committee on General Laws and Technology |
| 2026-02-03 | Senate | Constitutional reading dispensed (on 1st reading) |
| 2026-02-02 | House | Read third time and passed House (65-Y 34-N 0-A) |
| 2026-01-30 | House | Read second time and engrossed |
| 2026-01-29 | House | Read first time |
| 2026-01-27 | House | Reported from General Laws (15-Y 6-N) |
| 2026-01-22 | House | Subcommittee recommends reporting (7-Y 3-N) |
| 2026-01-19 | House | Assigned HGL sub: Housing/Consumer Protection |
| 2025-11-17 | House | Referred to Committee on General Laws |
| 2025-11-17 | House | Prefiled and ordered printed; Offered 01-14-2026 26100154D |
Virginia State Sources
| Type | Source |
| --- | --- |
| Summary | https://lis.virginia.gov/bill-details/20261/HB4 |
| Text | https://lis.virginia.gov/bill-details/20261/HB4/text/HB4 |
| Text | https://lis.virginia.gov/bill-details/20261/HB4/text/HB4ER |
| Roll Call | https://lis.virginia.gov/vote-details/HB4/20261/H11002V2610205 |
| Roll Call | https://lis.virginia.gov/vote-details/HB4/20261/H11V2610530 |
| Roll Call | https://lis.virginia.gov/vote-details/HB4/20261/2619891 |
| Roll Call | https://lis.virginia.gov/vote-details/HB4/20261/S12V2539 |
| Roll Call | https://lis.virginia.gov/vote-details/HB4/20261/SV1038 |
| Roll Call | https://lis.virginia.gov/vote-details/HB4/20261/SV1132 |
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