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A BILL to amend the Code of Virginia by adding in Title 55.1 a chapter numbered 33, consisting of sections numbered
55.1-3300
through
55.1-3304
, relating to Single-Family Homebuyer Protection Act established; civil penalty.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 55.1 a chapter numbered 33, consisting of sections numbered
55.1-3300
through
55.1-3304
,
as follows:
CHAPTER 33.
SINGLE-FAMILY HOMEBUYER PROTECTION ACT
.
§
55.1-3300
. Definitions.
As used in this
chapter, unless the context requires a different meaning
:
"Covered entity" means any partnership, corporation,
limited liability company,
investment company, m
utual fund,
ins
tant buyer,
or real estate investment trust
, or an affiliate
or subsidiary thereof,
that
, whether directly or indirectly,
manages funds pooled from investors, is a fiduciary to such investors,
and
has net value or assets under management
of at least $100 million
on any day during a taxable year. "Covered entity" does not include (i) a nonprofit corporation as defined in § 501(c)(3) of the Internal Revenue Code or (ii) a homebuilder.
"Homebuilder" means an organization engaged solely in the construction or rehabilitation of single-family homes and that neither has an affiliation with nor conducts business with, by, or on behalf of a
covered entity
.
"Interest" means any right, title, or interest, direct or indirect, in and to (i) a single-family home in the Commonwealth or (ii) any entity or other organization that holds any right, title, or interest, direct or indirect, in and to a single-family home in the Commonwealth.
"Single-family home" means real property or real estate where the only substantial improvement to such real property or real estate in the Commonwealth is a residential single-family home. "Single-family home" includes real property or real estate where the only substantial improvement to such real property or real estate is a residential single-family home split into two or more dwellings.
"
S
ingle-family home"
does not include (i) real property or real estate where the only substantial improvement to such real property or real estate is a condominium, townhouse, or multifamily community; (ii) any unoccupied single-family home acquired through foreclosure; or (iii) any single-family home that is not rented or leased and is used as the primary residence of any person with an ownership interest in a
covered entity
.
§
55.1-3301
.
Prohibited acquisition of single-family homes.
A. Notwithstanding any other provision of law, no
covered entity
shall acquire an interest in
more than five
single-family home
s within the same county, city, or town
in the Commonwealth
on or after July 1, 2026
.
B. Any covered entity
that seeks to acquire an interest in a single-family home shall disclose
any existing interest in any other single-family home in the county, city, or town in which such covered e
ntity is seeking
to make such acquisition.
§
55.1-3302
.
Virginia
and first-time
homebuyer priority period.
A.
No seller of a single-family home shall
enter
into an agreement with a covered entity for acquisition of such home
before
p
ublicly
marketing
such home
to
natural persons residing in the Commonwealth and first-time homebuyers
for at least 10 calendar days.
B. Any covered entity that seeks to acquire an interest in a single-family home shall
obtain from the seller
of such home a
written
certification that the Virginia and first-time homebuyer priority period
pursuant to subsection A
was satisfied prior to
acquiring an interest in such home.
§
55.1-3303
.
Department of Housing and Community Development;
publishing of information
.
The Department of Housing and Community Development
may
, to the extent practicable and subject to available resources,
publish aggregated information using existing data
, including
(i)
the number
and percentage of single-family homes owned by covered entities, broken down by locality, zip code, and census tract, and (ii)
identified trends in
the
concentration of covered entity interests in single-family homes
.
If published, s
uch
information
shall be posted on the
Department of Housing and Community Development's
website
.
§
55.1-3304
. Enforcement; civil penalt
y
.
A. Whenever the Attorney General has reasonable cause to believe
, either upon complaint or otherwise,
that any
covered entity
has engaged in, is engaging in, or is about to engage in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of §
59.1-9.10
shall apply mutatis mutandis to civil investigative demands issued under this section
;
however,
any guidance issued by the Attorney General pursuant to this chapter shall be nonbinding
.
Nothing in this section shall require the Attorney General to conduct routine audits or monitoring for violations of this chapter.
B
.
In
any action brought under this
section
, if a court finds that
a covered entity
has willfully engaged in an act or practice in violation of this chapter, the Attorney General may
seek an injunction to restrain any violations of this chapter and
recover, upon petition to the court, a civil penalty of not more than $
25
,000
for an initial violation and $
50
,000 for each subsequent violation within a three-year period
. For purposes of this section, prima facie evidence of a willful violation may be shown when the Attorney General notifies the alleged violator by certified mail that an act or practice is a violation of this chapter and the alleged violator, after receipt of the notice, continues to engage in the act or practice
.
C
.
The Attorney General recovering a civil penalty
under this chapter
may recover costs and reasonable expenses incurred by it in investigating and preparing the case and attorney fees.