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1997 SESSION
970962200Be it enacted by the General Assembly of Virginia:
1. That § 36-55.39 of the Code of Virginia is amended and reenacted as follows:
§ 36-55.39. Procedure prior to financing of housing developments undertaken by housing sponsors.
A. Notwithstanding any other provision of this chapter, HDA is not empowered to finance any housing development undertaken by a housing sponsor pursuant to §§ 36-55.31, 36-55.33:1 and 36-55.34:1 of this chapter unless, prior to the financing of any housing development hereunder, the commissioners of HDA find that:
1. That thereThere exists a shortage of decent, safe and
sanitary housing at rentals or prices which persons and families of low income
or moderate income can afford within the general housing market area to be
served by the proposed housing development.
2. That privatePrivate enterprise and investment have
been unable, without assistance, to provide the needed decent, safe and
sanitary housing at rentals or prices which persons or families of low and
moderate income can afford or to provide sufficient mortgage financing for
residential housing for occupancy by such persons or families.
3. That theThe housing sponsor or sponsors
undertaking the proposed housing development in the Commonwealth will supply
well-planned, well-designed housing for persons or families of low and moderate
income and that such sponsors are financially responsible.
4. That theThe housing development, to be assisted
pursuant to the provisions of this chapter, will be of public use and will
provide a public benefit.
5. That theThe housing development will be undertaken
within the authority conferred by this chapter upon HDA and the housing sponsor
or sponsors.
B. The executive director of HDA shall find, in connection with the financing
of the new construction or substantial rehabilitation of any proposed
multi-family residential housing development, that the governing body of the
locality in which such housing development is to be located has not, within
sixty days after written notification of the proposed financing has been sent
the governing body by HDA, certified to HDA in writing its disapproval of the
proposed multi-family residential housing development. Such certification of
disapproval shall only be issued upon a finding by the local governing body
that the new construction or substantial rehabilitation of the proposed
multi-family residential development is not consistent with (i)
current zoning or other applicable land use regulations or
(ii) the local Comprehensive Housing Affordability
Strategy. If the governing body of the locality has certified its
disapproval to HDA, the governing body may revoke such certification of
disapproval at any time by written notice to HDA, and upon receipt of such
written notice, the executive director of HDA shall, for the purpose of making
the finding required by this subsection, disregard such certification of
disapproval. Furthermore, no finding need be made under this subsection if HDA
shall have has received from the governing body its
certified resolution approving the proposed housing development.
C. Notwithstanding any other provisions of this section, the certification of disapproval shall not be effective unless written notification of (i) the staff recommendation is sent to the applicant for the proposed financing on or before the date on which the staff recommendation is sent to the governing body or (ii) the governing body's intent to consider such disapproval, where there is no staff recommendation, is sent to such applicant at lease fifteen calendar days prior to its decision. Such notice shall be sent to the applicant at the address specified in HDA's written notification. In the event of a failure to send the notice required by this subsection, the executive director shall, for the purposes of making the finding required by subsection B, disregard such certification of disapproval.