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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>70563</law_id><section_number>36-55.26</section_number><catch_line>Definitions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>36-47</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="36">Housing</unit><unit label="chapter" level="2" order_by="1" identifier="1.2">Virginia Housing Development Authority Act</unit></structure><text>
						<section><p>As used in this chapter, unless the context requires a different meaning:
		&#x201C;<span class="dictionary">Bonds</span>,&#x201D; &#x201C;notes,&#x201D; &#x201C;<span class="dictionary">bond</span> anticipation notes,&#x201D; and &#x201C;<span class="dictionary">other obligations</span>&#x201D; mean any <span class="dictionary">bonds</span>, notes, debentures, interim certificates, or other <span class="dictionary">evidences</span> of financial indebtedness issued by <span class="dictionary">HDA</span> pursuant to this chapter.
		&#x201C;<span class="dictionary">City</span>&#x201D; means any <span class="dictionary">city</span> or town in the Commonwealth.
		&#x201C;<span class="dictionary">County</span>&#x201D; means any <span class="dictionary">county</span> in the Commonwealth.
		&#x201C;Earned surplus&#x201D; shall have the same meaning as in generally accepted accounting standards.
		&#x201C;<span class="dictionary">Economically mixed project</span>&#x201D; means residential housing or housing development, which may consist of one or more buildings located on contiguous or noncontiguous parcels that the <span class="dictionary">HDA</span> determines to finance as a single <span class="dictionary">economically mixed project</span>, to be occupied by <span class="dictionary">persons and families of low and moderate income</span> and by other persons and families as the <span class="dictionary">HDA</span> shall determine.
		&#x201C;<span class="dictionary">Federal government</span>&#x201D; means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America.
		&#x201C;<span class="dictionary">Federal mortgage</span>&#x201D; means a <span class="dictionary">mortgage loan</span> for <span class="dictionary">land development</span> for residential housing or residential housing made by the United States or an instrumentality thereof or for which there is a commitment by the United States of America or an instrumentality thereof to make such a <span class="dictionary">mortgage loan</span>.
		&#x201C;<span class="dictionary">Federally insured mortgage</span>&#x201D; means a <span class="dictionary">mortgage loan</span> for <span class="dictionary">land development</span> for residential housing or residential housing insured or guaranteed by the United States or an instrumentality thereof, or a commitment by the United States or an instrumentality thereof to insure such a mortgage.
		&#x201C;<span class="dictionary">HDA</span>&#x201D; means the Virginia Housing Development Authority created and established pursuant to &#xA7;&#xA0;<a class="law" title="Virginia Housing Development Authority continued; constituted a public instrumentality" href="/36-55.27/">36-55.27</a>.
		&#x201C;<span class="dictionary">Housing development costs</span>&#x201D; means the sum total of all costs incurred in the development of a housing development, which are approved by the <span class="dictionary">HDA</span> as reasonable and necessary, which costs shall include, but are not necessarily limited to: fair value of land owned by the sponsor, or cost of land acquisition and any buildings thereon, including payments for options, deposits, or <span class="dictionary">contracts</span> to purchase properties on the proposed housing site or payments for the purchase of such properties; cost of site preparation, demolition and development; architecture, engineering, legal, accounting, <span class="dictionary">HDA</span>, and other fees paid or payable in connection with the planning, execution and financing of the housing development; cost of necessary studies, surveys, plans and permits; insurance, interest; financing, tax and assessment costs and other operating and carrying costs during construction; cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery and apparatus related to the <span class="dictionary">real property</span>; cost of land improvements, including without limitation, landscaping and off-site improvements, whether or not such costs have been paid in cash or in a form other than cash; necessary expenses in connection with initial occupancy of the housing development; a reasonable profit and risk fee in addition to job overhead to the general contractor and, if applicable, a limited profit <span class="dictionary">housing sponsor</span>; an allowance established by <span class="dictionary">HDA</span> for working capital and contingency reserves, and reserves for any anticipated operating deficits during the first two years of occupancy; in the case of an <span class="dictionary">economically mixed project</span> within a revitalization area designated in or pursuant to &#xA7;&#xA0;<a class="law" title="Housing revitalization areas; economically mixed projects" href="/36-55.30_2/">36-55.30:2</a>, the costs of any <span class="dictionary">nonhousing buildings</span> that are financed in conjunction with such project and that are incidental to such project or are determined by such governing body to be necessary or appropriate for the revitalization of such area or for the industrial, commercial or other economic development of such area; the cost of such other items, including tenant relocation, if such tenant relocation costs are not otherwise being provided for, as <span class="dictionary">HDA</span> shall determine to be reasonable and necessary for the development of the housing development, less any and all net rents and other net revenues received from the operation of the real and personal property on the development site during construction.
		&#x201C;Housing development&#x201D; or &#x201C;<span class="dictionary">housing project</span>&#x201D; 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 sanitary, decent, and safe dwelling accommodations for persons and families of low or moderate income in need of housing and, in the case of an <span class="dictionary">economically mixed project</span>, other persons and families; such undertaking may include any buildings, land, equipment, facilities, or other real or personal properties which are necessary, convenient, or desirable appurtenances, such as but not limited to streets, sewers, utilities, parks, site preparation, landscaping, and such offices, and other nonhousing facilities incidental or related to such development or project such as administrative, community, health, nursing care, medical, educational and recreational facilities as <span class="dictionary">HDA</span> determines to be necessary, convenient, or desirable. For the purposes of this chapter, medical and related facilities for the residence and care of the aged shall be deemed to be dwelling accommodations.
		&#x201C;<span class="dictionary">Housing lender</span>&#x201D; means any bank or trust company, mortgage banker approved by the Federal National Mortgage Association, savings bank, national banking association, savings and loan association or building and loan association, mortgage broker, mortgage company, <span class="dictionary">mortgage lender</span>, life insurance company, credit union, agency or authority of the Commonwealth or any other state, or locality authorized to finance housing loans on properties located in or outside of the Commonwealth to persons and families of any income.
		&#x201C;<span class="dictionary">Housing sponsor</span>&#x201D; 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 <span class="dictionary">HDA</span> 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 <span class="dictionary">HDA</span> and other terms and conditions set forth in this chapter.
		&#x201C;<span class="dictionary">Land development</span>&#x201D; means the process of acquiring land for residential housing construction, and of making, installing, or constructing nonresidential housing improvements, including, without limitation, waterlines and water supply installations, sewer lines and sewage disposal and treatment installations, steam, gas and electric lines and installations, roads, streets, curbs, gutters, sidewalks, storm drainage facilities, other related pollution control facilities, and other installations or works, whether on or off the site, which <span class="dictionary">HDA</span> deems necessary or desirable to prepare such land primarily for residential housing construction within the Commonwealth.
		&#x201C;<span class="dictionary">Loan servicer</span>&#x201D; means any person who, on behalf of a <span class="dictionary">housing lender</span>, collects or receives payments, including payments of principal, interest, escrow amounts, and other amounts due, on obligations due and owing to the <span class="dictionary">housing lender</span> pursuant to a residential <span class="dictionary">mortgage loan</span> or who, when the borrower is in <span class="dictionary">default</span> or in foreseeable likelihood of <span class="dictionary">default</span>, works on behalf of the <span class="dictionary">housing lender</span> with the borrower to modify or refinance, either temporarily or permanently, the obligations in <span class="dictionary">order</span> to avoid foreclosure or otherwise to finalize collection through the foreclosure process.
		&#x201C;Mortgage&#x201D; means a mortgage deed, deed of trust, or other security instrument which shall constitute a <span class="dictionary">lien</span> in the Commonwealth on improvements and <span class="dictionary">real property</span> in fee simple, on a leasehold under a lease having a remaining term, which at the time such mortgage is acquired does not expire for at least that number of years beyond the maturity date of the interest-bearing obligation secured by such mortgage as is equal to the number of years remaining until the maturity date of such obligation or on personal property, <span class="dictionary">contract</span> rights or other <span class="dictionary">assets</span>.
		&#x201C;<span class="dictionary">Mortgage lender</span>&#x201D; means any bank or trust company, mortgage banker approved by the Federal National Mortgage Association, savings bank, national banking association, savings and loan association, or building and loan association, life insurance company, the <span class="dictionary">federal government</span> or other financial institutions or government agencies which are authorized to and customarily provide service or otherwise aid in the financing of <span class="dictionary">mortgages</span> on residential housing located in the Commonwealth for persons and families of low or moderate income.
		&#x201C;<span class="dictionary">Mortgage loan</span>&#x201D; means an interest-bearing obligation secured by a mortgage.
		&#x201C;<span class="dictionary">Multifamily residential housing</span>&#x201D; means residential housing other than <span class="dictionary">single-family residential housing</span>, as hereinafter defined.
		&#x201C;<span class="dictionary">Municipality</span>&#x201D; means any <span class="dictionary">city</span>, town, <span class="dictionary">county</span>, or other political subdivision of the Commonwealth.
		&#x201C;<span class="dictionary">Nonhousing building</span>&#x201D; means a building or portion thereof and any related improvements and facilities used or to be used for manufacturing, industrial, commercial, governmental, educational, entertainment, community development, health care, or nonprofit enterprises or undertakings other than residential housing.
		&#x201C;<span class="dictionary">Persons and families of low and moderate income</span>&#x201D; means persons and families, irrespective of race, creed, national origin, sex, sexual orientation, or gender identity, determined by the <span class="dictionary">HDA</span> to require such assistance as is made available by this chapter on account of insufficient personal or family income taking into consideration, without limitation, such factors as follows: (i) the amount of the total income of such persons and families available for housing needs, (ii) the size of the family, (iii) the cost and condition of housing facilities available, (iv) the ability of such persons and families to compete successfully in the normal private housing market and to pay the amounts at which private enterprise is providing sanitary, decent and safe housing, and (v) if appropriate, standards established for various federal programs determining eligibility based on income of such persons and families.
		&#x201C;<span class="dictionary">Real property</span>&#x201D; means all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or <span class="dictionary">equitable</span>, therein, including terms for years and <span class="dictionary">liens</span> by way of <span class="dictionary">judgment</span>, mortgage or otherwise and the indebtedness secured by such <span class="dictionary">liens</span>.
		&#x201C;Residential housing&#x201D; means a specific work or improvement within the Commonwealth, whether <span class="dictionary">multifamily residential housing</span> or <span class="dictionary">single-family residential housing</span> 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. For the purposes of this chapter, medical and related facilities for the residence and care of the aged shall be deemed to be dwelling accommodations.
		&#x201C;<span class="dictionary">Single-family residential housing</span>&#x201D; means residential housing consisting of four or fewer dwelling units, the person or family owning or intending to acquire such dwelling units, upon completion of the construction, rehabilitation, or improvement thereof, also occupying or intending to occupy one of such dwelling units.</p></section></text><history>1972, c. 830; 1975, c. 536; 1987, c. 363; 1988, c. 218; 1996, c. 498; 2004, c. 187; 2011, c. 690; 2020, c. 1137.</history><metadata></metadata></law>
