dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-131. Definitions.
As used in this chapter, the following words and terms have the following meanings, unless a different meaning clearly appears from the context:

"Board" means the Board of Housing and Community Development.

"Consolidated Plan" means a document setting forth various housing and community development goals, objectives, and strategies to be followed by the Commonwealth in addressing housing and community development conditions in the Commonwealth and serving as the strategic plan for the programs established by the Department and, to the extent and in the manner determined in accordance with § 36-55.27:1, for the programs established by the Virginia Housing Development Authority. The Consolidated Plan will identify housing and community development needs in the Commonwealth; the level of investment and charges to state housing programs and community development necessary to address the need; the availability of state, local, federal, and nongovernmental sources of funds; and the appropriate mix of loans, grants, and other alternative funding methods for implementing the strategy.

"Department" means the Department of Housing and Community Development.

"Director" means the Director of the Department of Housing and Community Development.

1977, c. 613; 1992, c. 754; 2002, c. 461.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-132. Creation of Department; appointment of Director.
There is hereby created in the executive department the Department of Housing and Community Development. The Department shall be headed by a Director who shall be appointed by the Governor, subject to confirmation by the General Assembly, to serve at the pleasure of the Governor for a term coincident with his own.

1977, c. 613; 1984, c. 720.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-132.1. Commission on Local Government.
The Department shall include the Commission on Local Government, which shall exercise the powers and duties described in §§ 15.2-1301 and 15.2-2303.2 and Chapters 29 (§ 15.2-2900 et seq.), 32 (§ 15.2-3200 et seq.), 33 (§ 15.2-3300 et seq.), 34 (§ 15.2-3400 et seq.), 35 (§ 15.2-3500 et seq.), 36 (§ 15.2-3600 et seq.), 38 (§ 15.2-3800 et seq.), 39 (§ 15.2-3900 et seq.), 40 (§ 15.2-4000 et seq.), and 41 (§ 15.2-4100 et seq.) of Title 15.2 and § 30-19.03.

2003, c. 197; 2010, c. 410.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-133. Director to supervise Department.
The Director of the Department of Housing and Community Development shall, under the direction and control of the Governor be responsible for the supervision of the Department and shall exercise such other powers and perform such other duties as may be required of him by the Governor.

1977, c. 613; 1984, c. 720.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-134. General powers of Director.
The Director shall have the following general powers:

A. To employ such personnel as may be required to carry out the purposes of this chapter.

B. To make and enter into all contracts and agreements necessary or incidental to the performance of the Department's duties and the execution of its powers under this chapter, including, but not limited to, contracts with the United States, other states, agencies and governmental subdivisions of this Commonwealth.

C. To accept grants from the United States government and agencies and instrumentalities thereof and any other source. To these ends, the Department shall have the power to comply with such conditions and execute such agreements as may be necessary, convenient or desirable.

D. To do all acts necessary or convenient to carry out the purposes of this chapter.

1977, c. 613.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-135. Board of Housing and Community Development; members; terms; chairman; appointment of ad hoc committee.
A. The Board of Housing and Community Development within the Department of Housing and Community Development shall consist of 14 members as follows: 11 members, one representing each congressional district in the Commonwealth, who are appointed by the Governor, subject to confirmation by the General Assembly, the Executive Director of the Virginia Housing Development Authority as an ex officio voting member; a member of the Virginia Fire Services Board, to be appointed by the chairman of that Board; and the Director of Regulatory Compliance of the Virginia Building and Code Officials Association, who shall be a member of the Board's Codes and Standards Committee, but shall not serve as either the chairman of such committee or of the Board. Members shall serve for four-year terms and no member shall serve for more than two full successive terms. A chairman of the Board shall be elected annually by the Board.

B. Whenever the Board of Housing and Community Development proposes a change to statewide building and fire regulations, the Board may convene an ad hoc committee, including but not limited to representatives of those industry groups directly affected by such change, to advise the Board on such matters.

1977, c. 613; 1989, c. 258; 1992, c. 754; 1993, c. 139; 1997, c. 860; 2003, c. 434; 2004, c. 944; 2012, c. 747.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-136. Meetings of Board.
The Board shall meet at least once every three months, and on the call of the chairman, when, in his opinion, additional meetings are necessary.

1977, c. 613.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-138. Repealed.
Repealed by Acts 1980, c. 728.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.01. Department to develop form; smoke alarms in rental units.
On or before January 1, 2019, the Department, in consultation with the Department of Fire Programs, shall develop a form (i) providing a landlord's certification that the smoke alarms in a rental unit have been inspected and are in good working order; (ii) summarizing the obligations of a landlord relative to the maintenance of smoke alarms; and (iii) summarizing the obligations of a tenant relative to the maintenance of smoke alarms. Such form may be updated by the Department as needed. The Department and the Department of Fire Programs shall post the form required by this section on each agency's website.

2018, cc. 41, 81.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.02. Translation of forms and documents.
The Department shall translate all forms and documents that the Department is mandated by law to create and that are posted on its website for use by residential landlords and tenants into the five non-English languages most commonly spoken in Virginia according to the most recent American Community Survey data published by the United States Census Bureau. The Department may accept materials translated by volunteers but shall verify the accuracy of such translations prior to making the translated materials available on its website. The Department shall post on its website all English and translated versions of all Department-created documents and model forms for use by any persons governed by the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) or the Virginia Manufactured Home Lot Rental Act (§ 55.1-1300 et seq.).

2024, c. 332.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.1. Sale of real property for housing demonstration projects.
The Director is authorized to sell surplus real property belonging to the Commonwealth that is placed under the control of the Department for the purpose of establishing owner-occupied residential housing demonstration projects, with the prior written approval of the Governor or his designee, who shall first consider the written recommendation of the Director of the Department of General Services. The methods, terms and conditions of sale shall be developed in cooperation with the Department of General Services. Any contract of sale or deed of conveyance shall be approved as to form by the Attorney General or one of his deputies or assistant attorneys general. The proceeds from all such sales shall be handled in the manner prescribed in subsection I of § 2.2-1156.

1988, c. 195; 2009, c. 612; 2019, cc. 659, 660; 2022, c. 761.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.10. (Effective January 1, 2026) Department of Housing and Community Development consolidated report.
A. As used in this section, "consolidated report" means a report submitted by the Department pursuant to this section in satisfaction of any reporting requirements of §§ 36-139, 36-139.6, 36-140.01, 36-142, 36-150, and 59.1-546.

B. Notwithstanding any other provision of law, the Department shall be deemed to have satisfied the reporting requirements of §§ 36-139, 36-139.6, 36-140.01, 36-142, 36-150, and 59.1-546 by submitting a consolidated report to the Governor and the General Assembly no later than October 1 of each year.

C. Each year, the consolidated report shall include the reports required pursuant to §§ 36-139, 36-140.01, 36-142, 36-150, and 59.1-546 and subsection E.

D. In even-numbered years, in addition to the requirements of subsection C, the consolidated report shall also include the report required pursuant to § 36-139.6.

E. The consolidated report shall include a report on the outcomes associated with closed projects that received a grant from the Virginia Growth and Opportunity Fund as established by § 2.2-2487. This report shall include itemized information that details the project name, the Regional Council, GO Virginia investment type, GO Virginia strategy, program year, date of award, committed match, anticipated project outcomes, and actual project outcomes. The Department shall utilize the information provided in this report to create a public facing performance dashboard to be updated annually that includes individual projects organized by region, total GO Virginia resources committed to the project, anticipated outcomes, and actual outcomes submitted to the Department at the close of the project. This information shall further be disaggregated by year and shall feature all projects receiving GO Virginia grants.

2025, cc. 30, 40.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.2. Repealed.
Repealed by Acts 2007, cc. 647 and 741, cl. 2, effective July 1, 2008.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.5. Power to enter into agreements with owners of housing developments eligible for federal low-income housing credits.
The Department may enter into agreements with the owners of housing developments which are or will be eligible for low-income housing credits under the United States Internal Revenue Code. Any such agreement shall contain covenants and restrictions as shall be required by the United States Internal Revenue Code and such other provisions as the Department shall deem necessary or appropriate. Any such agreement shall be enforceable in accordance with its terms in any court of competent jurisdiction in the Commonwealth by the Department or by such other persons as shall be specified in the United States Internal Revenue Code. Any such agreement, when duly recorded as a restrictive covenant among the land records of the jurisdiction or jurisdictions in which the development is located, shall run with the land and be binding on the successors and assigns of the owner. All references in this section to the United States Internal Revenue Code shall include any amendments thereto and any regulations promulgated thereunder, as the foregoing may be or become effective at any time.

1992, c. 455.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.5:1. Eligibility for Industrial Site Development Program.
The Department, in determining eligibility for the Industrial Site Development Program, shall allow exceptions to the Department's minimum requirement of 200 net developable acres because of geographic topographic or land availability limitations.

2001, c. 65.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.6. Additional powers and duties of Director; oversight of planning district commissions.
The Director of the Department of Housing and Community Development shall have the following powers and duties relating to oversight of planning district commissions:

1. To recommend to the Governor the level of state general appropriation funding for each planning district commission, taking into consideration the minimum funding level necessary for operation, the population of each district, and other factors considered appropriate;

2. To distribute state general appropriation funding to planning district commissions consistent with the provisions of this chapter and Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2;

3. To administer the Regional Cooperation Incentive Fund in accordance with § 15.2-4217;

4. To provide technical assistance to planning district commissions regarding regional approaches to area-wide problems. Assistance may be initiated by the Department, individual local governments, or planning district commissions;

5. To require the submission of annual programmatic and financial information by each planning district commission in a format prescribed by the Director;

6. To prepare a biennial report to the Governor and the General Assembly which identifies the activities and other information deemed appropriate by the Director concerning planning district commissions, including findings as to planning district commissions which are not complying with Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2. Copies of the biennial report shall also be sent to the Commission on Local Government, Department of Small Business and Supplier Diversity, Department of Conservation and Recreation, Department of Environmental Quality, Department of Planning and Budget, Department of Transportation, Virginia Economic Development Partnership, and others upon request; and

7. To establish the Virginia Planning District Commission Council made up of the chairman or designated representative from each planning district commission to advise Department staff on programs, rules and regulations for the planning district commissions. Technical committees of planning district commission staff, state and local agency staff, and private sector individuals as needed, may be created.

1995, cc. 732, 796; 1996, cc. 589, 590, 598, 599; 2013, c. 482.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.7. Boundaries of planning districts.
A. The Department shall review the boundaries of planning districts following every United States decennial census of population. The Department shall also review the boundaries upon the request of a member jurisdiction of a planning district. An initial review shall be conducted prior to July 1, 1996. Upon concluding such review, the Department shall, subject to the provisions of the Administrative Process Act (§ 2.2-4000 et seq.), make adjustments to the boundaries of planning districts as it deems advisable.

B. The Department shall consider the following criteria in making determinations as to the governmental subdivisions to be included in a planning district: recognition of communities of interest among the governmental subdivisions, recognition of common economic and market interests, the ease of communications and commissioner travel time, metropolitan statistical area boundaries designated by the federal government, a population base adequate to ensure financial viability, and geographic factors and natural boundaries. In making such determination, the Department shall also consider the wishes of a governmental subdivision within or surrounding a proposed planning district, as expressed by resolution of its governing body.

C. In conducting the boundaries review, the Department shall consult with the governing bodies of the governmental subdivisions within and adjoining a planning district which is proposed to be changed and shall hold such public and other hearing as it may deem advisable, provided at least one public hearing shall be held in each planning district which is proposed to be changed.

D. To the extent practical, upon completion of a statutory review of planning district boundaries, state agencies may provide for sorting local statistical data according to planning district geography for external use of information for state, regional and local strategic and economic development planning.

1995, cc. 732, 796.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.8. Repealed.
Repealed by Acts 2004, c. 872.
Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-139.9. Local housing policy; report to Department.
A. Any locality with a population greater than 3,500 shall submit annually to the Department a report summarizing the adoption or amendment of any local policies, ordinances, or processes affecting the development and construction of housing during the preceding fiscal year. Such report shall contain a description of the following items and, if available, a reference to where additional information can be found on the locality's website:

1. Adoption or amendment of a local proffer policy enacted by the locality pursuant to § 15.2-2298, 15.2-2303, or 15.2-2303.1;

2. Adoption or amendment of any provisions of the zoning ordinance affecting the development, redevelopment, or construction of single-family or multifamily housing;

3. Adoption or amendment of any provisions of the subdivision ordinance affecting the development, redevelopment, or construction of single-family or multifamily housing;

4. Revisions to the comprehensive plan affecting the location, density, or character of single-family or multifamily housing;

5. Adoption or amendment of any ordinances, incentives, or policies designed to encourage the development, redevelopment, or construction of housing, including accessory dwelling unit ordinances, affordable dwelling unit ordinances pursuant to § 15.2-2304, 15.2-2305, or 15.2-2305.1, fee waivers, density bonuses, waiver or reduction of local parking requirements, new construction or rehabilitation tax incentives, and development standard modifications; and

6. Changes to any local fees associated with the reviewing, permitting, and construction of residential development activities.

B. Reports submitted by localities pursuant to this section shall be submitted to the Department annually by September 1 for the preceding fiscal year. Reports shall be submitted in accordance with any forms and requirements developed by the Department, in consultation with stakeholders. The Department shall make all reports available to the public on its website.

2023, cc. 715, 716, 733.

Code of Virginia — Title 36 (Housing), Chapter 8 (DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT)
§ 36-140. Repealed.
Repealed by Acts 1995, cc. 732 and 796.
Code of Virginia — Title 36 (Housing), Chapter 8.1 (LIVE IN OUR COMMUNITY POLICE HOUSING PROGRAM [Repealed])
§ 36-140.1. Expired.
Expired.
Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-141. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Board" means the Board of Housing and Community Development.

"Department" means the Department of Housing and Community Development.

"Fund" means the Virginia Housing Trust Fund created by this chapter.

"HDA" means the Virginia Housing Development Authority created in Chapter 1.2 (§ 36-55.24 et seq.).

"Housing development" or "housing project" means any work or undertaking, whether new construction or rehabilitation, which is designed and financed pursuant to the provisions of this chapter for the primary purpose of providing affordable sanitary, decent and safe dwelling accommodations for persons and families of low or moderate income in need of housing; such work or undertaking may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, including but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and such offices, and other nonhousing facilities incidental to such development or project such as administrative, community, health, educational and recreational facilities as the Department of Housing and Community Development determines to be necessary. "Low and moderate income" shall be defined in the program guidelines developed by the Department of Housing and Community Development.

"Housing sponsor" means individuals, joint ventures, partnerships, limited partnerships, public bodies, trusts, firms, associations, or other legal entities or any combination thereof, corporations, cooperatives and condominiums, approved by the Department of Housing and Community Development as qualified either to own, construct, acquire, rehabilitate, operate, manage or maintain a housing development, whether nonprofit or organized for limited profit subject to the regulatory powers of the Department of Housing and Community Development and other terms and conditions set forth in this chapter.

"Residential housing" means a specific work or improvement within this Commonwealth, whether multi-family residential housing or single-family residential housing undertaken primarily to provide dwelling accommodations, including the acquisition, construction, rehabilitation, preservation or improvement of land, buildings and improvements thereto, for residential housing, and such other nonhousing facilities as may be incidental, related, or appurtenant thereto.

1988, c. 687; 2013, c. 754.
Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-143. Deposit of money; expenditures; investments.
All money transferred to the control of the HDA from the Fund shall be deposited in an account or accounts in banks or trust companies organized under the laws of the Commonwealth or in national banking associations located in Virginia or in savings institutions located in Virginia organized under the laws of the Commonwealth or the United States. The money in these accounts shall be paid by check signed by the Executive Director of the HDA or other officers or employees designated by the Commissioners of the HDA. All deposits of money shall, if required by the Director of the Department of Housing and Community Development, be secured in a manner determined by the Director of the Department of Housing and Community Development to be prudent. All banks, trust companies and savings and loan associations are authorized to give security for the deposits. Money in the Fund shall not be commingled with other money of the HDA. Money in the Fund not needed for immediate use or disbursement may be invested or reinvested by the HDA at the direction and guidance of the Director of the Department of Housing and Community Development in obligations or securities which are considered lawful investments for public funds under the laws of the Commonwealth. All interest and earnings accrued from investments of moneys from the Fund shall be used to increase the amount available in the Fund.

1988, c. 687; 1996, c. 77; 2013, c. 754.

Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-144. Annual audit.
An independent certified public accountant selected by the HDA, shall annually audit the accounts of any portion of the Fund transferred to the control of the HDA, and the cost of such audit services shall be borne by the HDA and be paid from moneys designated for such purposes in the Fund. The audit shall be performed at least each fiscal year, in accordance with generally accepted auditing standards and, accordingly, include such tests of the accounting records and such auditing procedures as considered necessary under the circumstances. Such audit shall be reviewed by the Auditor of Public Accounts. The HDA shall furnish copies of the audit to the Governor and to the Board.

1988, c. 687; 2013, c. 754.

Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-145. Collection of money due Fund.
The HDA is empowered to collect, or to authorize others to collect on its behalf, amounts due to the Fund under any loan made to a housing sponsor or a person or family of low or moderate income and funded from the portion of the Fund transferred to its control in order to obtain payment of any amounts in default. Proceedings to recover amounts due to the Fund may be instituted by the HDA in the name of the Fund in the appropriate circuit court.

1988, c. 687; 2013, c. 754.
Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-146. Loans.
Except as otherwise provided in this chapter, money in the Fund shall be used to make loans to housing sponsors and to persons and families of low and moderate income to finance or refinance the acquisition, construction, improvement, ownership or occupancy of housing developments and residential housing for persons and families of low and moderate income.

Except as provided in this chapter, the Department of Housing and Community Development shall determine the terms and conditions of any loan from the Fund, including but not limited to the interest rate and repayment terms of each loan. All loans from the Fund shall be evidenced by appropriate notes of the loan recipient payable to the Fund. Any such loans made with respect to dwellings of residents of the Commonwealth shall be limited to dwellings occupied by persons or families of low and moderate income. The Director of the Department of Housing and Community Development is authorized to require in connection with any loan from the Fund any documents, instruments, certificates, legal opinions or other information it deems necessary or convenient.

1988, c. 687.

Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-147. Grants.
Subject to any restrictions which may apply to the use of money in the Fund, the Board in its discretion may approve the use of money in the Fund to make grants or appropriations to housing sponsors and persons and families of low and moderate income to provide assistance for the acquisition, construction, improvement, ownership or occupancy of housing developments and residential housing for persons and families of low and moderate income. Grants shall be disbursed from the Fund by the State Treasurer in accordance with the directions of the Director of the Department of Housing and Community Development.

1988, c. 687; 2013, c. 754.
Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-148. Pledge of assets to secure bonds of the HDA.
The HDA is empowered at any time and from time to time to transfer, upon the direction of the Director of the Department of Housing and Community Development, from the portion of the Fund under its control to banks or trust companies designated by the HDA any or all of the assets of the Fund to be held in trust as security for the payment of the principal of and premium, if any, and interest on any or all of the bonds of the HDA. The interests of the Fund in any assets so transferred shall be subordinate to the rights of the trustee under the pledge. To the extent funds are not available from other sources pledged for such purpose, any payments of principal and interest received on the assets transferred or held in trust may be applied by the trustee thereof to the payment of the principal of and premium, if any, and interest on such bonds of the HDA to which the assets have been pledged, and, if such payments are insufficient for such purpose, the trustee is empowered to sell any or all of such assets and apply the net proceeds from the sale to the payment of the principal of and premium, if any, and interest on such bonds of the HDA. Any assets of the Fund transferred in trust as set forth above and any payments of principal, interest or earnings received thereon shall remain part of the Fund but shall be subject to the pledge to secure the bonds of the HDA and shall be held by the trustee to which they are pledged until no longer required for such purpose by the terms of the pledge. On or before January 10 of each year, the HDA shall transfer, or shall cause the trustee to transfer, to the Fund any assets transferred or held in trust as set forth above which are no longer required to be held in trust pursuant to the terms of the pledge.

1988, c. 687; 2013, c. 754.

Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-148.1. Authorization of funding from HDA.
The HDA and the Department of Housing and Community Development, on behalf of the Fund, may enter into agreements whereby the Fund may obtain funding from the HDA for the financing of loans in accordance with this chapter, subject to such terms and conditions as shall be set forth therein. To the extent so provided by the terms of any such agreements, moneys in the Fund may be used to repay the HDA any amounts owed thereunder, and assets of the fund may be pledged to the HDA pursuant to such agreements to secure the repayment of such amounts. Any such agreements entered into by the HDA and the Department of Housing and Community Development prior to February 25, 1991, are hereby validated.

1991, c. 48.
Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-149. Formation of corporation.
For the purposes set forth in §§ 36-141 through 36-148, the HDA may form a corporation to administer and manage the portion of the Fund under its control in accordance with the provisions thereof and to exercise and perform any or all of the powers and duties provided therein. Such corporation shall be under the control and supervision of the HDA. Such corporation shall have such of the powers and duties of the HDA set forth in the above referenced sections as HDA shall delegate to such corporation and such other powers and duties as shall be provided by the documents and instruments creating and governing the corporation and by applicable state law. The provisions of the above referenced sections authorizing or requiring the HDA to exercise any power or to perform any duty shall be deemed to authorize or require such corporation to exercise any such power or to perform any such duty as shall be delegated by the HDA to such corporation.

1988, c. 687; 2013, c. 754.

Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-150. (Effective until January 1, 2026) Reports.
A. On or before December 1 of each year, the Department shall report to the Secretary of Commerce and Trade, the Governor, and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations and on such other matters regarding the Fund as the Department may deem appropriate, including the status of the former Housing Partnership Fund, or other items as may be requested by any of the foregoing persons to whom such report is to be submitted.

B. The Department shall report to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations and the Director of the Department of Planning and Budget by December 1 of each year on the state's homeless programs, including the number of (i) emergency shelter beds, (ii) transitional housing units, (iii) single room occupancy dwellings, (iv) homeless intervention programs, (v) homeless prevention programs, and (vi) homeless individuals supported by the permanent housing state funding on a locality and statewide basis and the accomplishments achieved by the additional state funding provided to the program. The report shall also include the number of Virginians served by these programs, the costs of the programs, and the financial and in-kind support provided by localities and nonprofit groups to these programs. In preparing the report, the Department shall consult with localities and community-based groups.

1988, c. 687; 2013, c. 754; 2025, cc. 30, 40.

Code of Virginia — Title 36 (Housing), Chapter 9 (VIRGINIA HOUSING TRUST FUND)
§ 36-151. Liberal construction of chapter.
The provisions of this chapter shall be liberally construed to the end that its beneficial purposes may be effectuated. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special or local, the provisions of this chapter shall be controlling.

1988, c. 687.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 1 (DEFINITIONS)
§ 37.2-101. Certified mail; subsequent mail or notices may be sent by regular mail.
Whenever in this title the Board, the Commissioner, or the Department is required to send any mail or notice by certified mail and such mail or notice is sent certified mail, return receipt requested, then any subsequent, identical mail or notice that is sent by the Board, the Commissioner, or the Department may be sent by regular mail.

2011, c. 566.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 10 (GUARDIANSHIP AND CONSERVATORSHIP [Repealed])
§ 37.2-1000. Repealed.
Repealed by Acts 2012, c. 614, cl. 11, effective October 1, 2012.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 10.1 (UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT [Repealed])
§ 37.2-1031. Repealed.
Repealed by Acts 2012, c. 614, cl. 11, effective October 1, 2012.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1100. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Disorder" includes any physical or mental disorder or impairment, whether caused by injury, disease, genetics, or other cause.

"Incapable of making an informed decision" means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. Persons with dysphasia or other communication disorders who are mentally competent and able to communicate shall not be considered incapable of giving informed consent.

"Treatment" includes the provision, withholding, or withdrawal of a specific treatment or course of treatment upon a showing that the requirements of subsection G of § 37.2-1101 have been met.

1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1102. Certain actions may not be authorized.
The following actions may not be authorized under this chapter:

1. Nontherapeutic sterilization, abortion, or psychosurgery.

2. Admission to a training center or a hospital. However, the court may issue an order under § 37.2-1101 authorizing treatment of a person whose admission to a training center or hospital has been or is simultaneously being authorized under § 37.2-805, 37.2-806, 37.2-807, or §§ 37.2-809 through 37.2-813, or of a person who is subject to an order of involuntary admission previously or simultaneously issued under §§ 37.2-814 through 37.2-819 or of Chapter 9 (§ 37.2-900 et seq.).

3. Administration of antipsychotic medication for a period to exceed 180 days or electroconvulsive therapy for a period to exceed 60 days pursuant to any petition filed under this section. The court may authorize electroconvulsive therapy only if it is demonstrated by clear and convincing evidence, which shall include the testimony of a licensed psychiatrist, that all other reasonable forms of treatment have been considered and that electroconvulsive therapy is the most effective treatment for the person. Even if the court has authorized administration of antipsychotic medication or electroconvulsive therapy hereunder, these treatments may be administered over the person's objection only if he is subject to an order of involuntary admission, including involuntary outpatient treatment, previously or simultaneously issued under §§ 37.2-814 through 37.2-819 or Chapter 9 (§ 37.2-900 et seq.), or the provisions of Chapter 11 (§ 19.2-167 et seq.) or Chapter 11.1 (§ 19.2-182.2 et seq.) of Title 19.2.

4. Restraint or transportation of the person, unless the court finds upon clear and convincing evidence that restraint or transportation is necessary to the administration of an authorized treatment for a physical disorder or for a mental disorder if the person is subject to an order of involuntary admission issued previously or simultaneously under Chapter 11 (§ 19.2-167 et seq.) or 11.1 (§ 19.2-182.2 et seq.) of Title 19.2, §§ 37.2-814 through 37.2-819, or Chapter 9 (§ 37.2-900 et seq.).

1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751; 2012, cc. 115, 378.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1105. Appeal from order.
Any order of a judge or special justice under § 37.2-1101, or of a judge, special justice or magistrate under § 37.2-1104, may be appealed de novo within 10 days to the circuit court for the jurisdiction where the order was entered, and any order of a circuit court hereunder, either originally or on appeal, may be appealed within 10 days to the Court of Appeals.

1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1106. When health professional or licensed hospital not liable.
Any licensed health professional or licensed hospital, including a hospital licensed by the Department of Health pursuant to § 32.1-123, administering treatment, or providing testing, or detention pursuant to the court's or magistrate's authorization as provided in this chapter shall have no liability arising out of a claim to the extent the claim is based on lack of consent to the treatment, testing or detention. Any such professional or hospital administering treatment with the consent of the person receiving or being offered treatment shall have no liability arising out of a claim to the extent it is based on lack of capacity to consent, if a court or a magistrate has denied a petition hereunder to authorize the treatment and the denial was based on an affirmative finding that the person was capable of making and communicating an informed decision regarding the proposed treatment.

1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1107. Fees and expenses.
The provisions of § 37.2-804 relating to payment by the Commonwealth shall not apply to the cost of detention, testing, or treatment under this chapter.

1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, c. 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1108. Effect of chapter on other laws.
A. Nothing in this chapter shall be deemed to affect the right to use and the authority conferred by any other applicable statutory or regulatory procedure relating to consent or to diminish any common law authority of a physician or other treatment provider to administer treatment to a person unable to give or to communicate informed consent to those actions, with or without the consent of the person's relative, including common law or other authority to provide treatment in an emergency situation; nor shall anything in this chapter be construed to affect the law defining the conditions under which consent shall be obtained for administering treatment or the nature of the consent required.

B. Judicial authorization for treatment pursuant to this chapter need not be obtained for a person for whom consent or authorization has been granted or issued or may be obtained in accordance with the provisions of Article 8 (§ 54.1-2981 et seq.) of Chapter 29 of Title 54.1 or other applicable statutes or common law of the Commonwealth.

1997, c. 921, § 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, cc. 716, 751.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 11 (JUDICIAL AUTHORIZATION OF TREATMENT)
§ 37.2-1109. Use of electronic communication.
A. Petitions and orders for emergency custody and temporary detention pursuant to § 37.2-1103 or 37.2-1104 may be filed, issued, served, or executed by electronic means, with or without the use of two-way electronic video and audio communication, and returned in the same manner with the same force, effect, and authority as an original document. All signatures thereon shall be treated as original signatures.

B. Any judge or special justice may conduct proceedings pursuant to this chapter using any two-way electronic video and audio communication system to provide for the appearance of any parties and witnesses. Any two-way electronic video and audio communication system used to conduct a proceeding shall meet the standards set forth in subsection B of § 19.2-3.1. When a witness whose testimony would be helpful to the conduct of the proceeding is not able to be physically present, his testimony may be received using a telephonic communication system.

2005, cc. 51, 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 2 (State Board of Behavioral Health and Developmental Services)
§ 37.2-201. Internal evaluation committee of Board.
The Board shall appoint an internal evaluation committee to be composed of at least three members of the Board who shall review and evaluate the effects of designated policies of the Board and the performance of the Department, state facilities, community services boards, and behavioral health authorities in carrying out those policies. The committee and any staff designated by the Commissioner shall have access to all records of the Department, state facilities, community services boards, and behavioral health authorities in carrying out these monitoring activities. The committee shall report its findings to the Board, which shall take action thereon as it deems appropriate.

1980, c. 582, § 37.1-10.1; 2005, c. 716.

Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 2 (State Board of Behavioral Health and Developmental Services)
§ 37.2-202. Members not eligible for positions in Department.
No member of the Board shall be eligible for any position in the Department during the term for which he is appointed or for 12 months thereafter.

Code 1950, § 37-35; 1968, c. 477, § 37.1-19; 1976, c. 671; 2005, c. 716.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 2 (State Board of Behavioral Health and Developmental Services)
§ 37.2-203.1. Licensed provider; statement to prospective employer.
The Board of Behavioral Health and Developmental Services shall amend regulations governing licensed providers to require that every licensed provider provide a statement regarding a current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to § 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1 to any other licensed provider with which the current or past employee has applied for employment or to fill a role that requires a criminal history background check pursuant to § 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1. The statement shall address the character, ability, and fitness for employment in or to otherwise fill the role for which the person has applied and shall be provided upon receipt of a request for such information from the other licensed provider and written consent to the disclosure of such information executed by the current or past employee or other individual currently or previously associated with the provider in a capacity that requires a criminal history background check pursuant to § 37.2-416, 37.2-416.1, 37.2-506, or 37.2-506.1. Nothing in the amended regulations shall require disclosure of information subject to privilege or confidentiality pursuant to § 8.01-581.16, 8.01-581.17, or 32.1-127.1:03 or federal law.

2019, c. 776, § 32.1-326.4; 2023, c. 236.
Code of Virginia — Title 37.2 (Behavioral Health and Developmental Services), Chapter 2 (State Board of Behavioral Health and Developmental Services)
§ 37.2-204. Appointments to state and local human rights committees.
The Board shall appoint a state human rights committee that shall appoint local human rights committees to address alleged violations of human rights of individuals receiving services. One-third of the appointments made to the state or local human rights committees shall be individuals who are receiving or who have received services or family members of such individuals, with at least two individuals who are receiving or who have received public or private mental health, developmental, or substance abuse treatment or habilitation services within five years of the date of their initial appointment on each committee. In addition, at least one appointment to the state and each local human rights committee shall be a health care provider. Remaining appointments shall include lawyers and persons with interest, knowledge, or training in the mental health, developmental, or substance abuse services field. No current employee of the Department, a community services board, or a behavioral health authority shall serve as a member of the state human rights committee. No current employee of the Department, a community services board, a behavioral health authority, or any facility, program, or organization licensed or funded by the Department or funded by a community services board or behavioral health authority shall serve as a member of any local human rights committee that serves an oversight function for the employing facility, program, or organization.

1999, c. 969, § 37.1-84.3; 2001, c. 453; 2005, cc. 201, 716; 2012, cc. 476, 507.