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Senate panel advances review of bills on assumable mortgages, employer down-payment aid and algorithmic rent tools

2174375 · January 29, 2025
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Summary

The Senate technology committee on Feb. 12 advanced several housing-related proposals for additional study, including a bill to make private mortgages assumable, a proposal for an employer down-payment assistance program and debate over software that recommends rents.

Senate committee members voted on motions to send several housing proposals to further study rather than take final action, as witnesses and stakeholders outlined sharply different views on whether the measures would ease Virginia—s housing shortage or create new legal and market risks.

Sponsor Senator Sturtevant brought three related housing measures to the panel: Senate Bill 11 39, a concept to create an employer-based down-payment assistance program; Senate Bill 14 52, to make mortgages in Virginia assumable; and a proposal to fold SB 11 40 into another bill (SB 14 24). The committee voted to pass SB 11 39 to the Virginia Housing Commission for review and to place SB 14 52 in the committee—s file for further study.

Why it matters: Lawmakers said they are looking for near-term tools that let renters and owners move despite today—s higher mortgage rates, while stakeholders warned of unintended consequences that could affect lenders, credit unions and the broader mortgage market.

Assumable mortgages (SB 14 52) Senator Sturtevant said the bill would extend assumability beyond VA, FHA and USDA loans to conventional mortgages so buyers could take over a seller—s lower interest rate if they meet underwriting standards. Ronak Singh, founder of Roam, testified the change could immediately expand home affordability and estimated large statewide benefits if broadly allowed.

Banks and credit unions opposed the change. Matt Breeden of the Virginia Bankers Association told the committee the bill would force lenders to take on borrowers who might not meet that institution—s underwriting standards and could conflict with secondary-market requirements. CJ Vitiepilson with the Virginia Credit Union Association said the proposal could create field-of-membership conflicts for credit unions.

Motion and outcome: The committee voted to pass SB 14 52 by for further study (Pass to be introduced or PBI). The board vote was recorded as Ayes 14, No 0.

Employer down-payment assistance (SB 11 39) Sponsor comments: Sturtevant described SB 11 39 as a workforce housing incentive that would allow employers to help employees with down payments; he said he was working with state housing officials to locate the proper administrative home for the program.

Committee action: Senator McPike moved to send SB 11 39 to the Housing Commission with a letter; the committee approved the motion and recorded the vote as 12-0-0, sending the concepts to the Housing Commission for review.

Algorithmic rent-setting and housing-market software (SB 1400) Lawmakers also debated a substitute bill aimed at restricting the sale or use of software that uses non-public competitor data to set rents. The sponsor, Senator Salim, said data-driven revenue-management tools can inflate rents across a region and that the substitute narrows the prohibition to software that uses non-public competitor data and revenue-management systems.

Opponents including the Apartment and Office Building Association, major property managers and the Realtors expressed concern that a broad ban would harm legitimate pricing and fraud-prevention tools and could chill investment in rental supply. Supporters such as tenant advocates, Legal Aid and community groups testified that algorithmic pricing has raised rents for low-income tenants and that enforcement is needed.

Committee action: After discussion and a substitute, the committee voted to hold the bill for further study with a request for review by the Joint Commission on Technology and Science (Jay COTs/JCOT). The committee asked JCOT to examine the substitute and produce recommendations.

Nut graf: The committee did not adopt any of the proposals as final law. Members directed additional technical review for several housing measures so legal, marketplace and administrative questions can be resolved before the General Assembly acts.

Context and next steps: The committee—s actions forward SB 11 39 to the Housing Commission, placed SB 14 52 in PBI (study), and asked JCOT to review the algorithmic rent-setting substitute. Stakeholders across the housing finance spectrum said they would continue discussions with sponsors and staff to seek clarifications or technical fixes.

Ending: Sponsors and advocates said they will continue negotiating details with regulators and stakeholders and that the housing commission and technical reviewers will return findings to the legislature ahead of any final votes.