New Proffer Bill

Apr 1, 2016

by David Levine, President and CEO

The new proffer legislation moved at lightning speed through the State Assembly and was signed into law by mid-March.  Given its far-reaching impact, especially in Fairfax County, it will become a large factor in the development of affordable housing.

Through proffers, housing developers agree to build infrastructure or specific types of housing in order to secure additional benefits from local municipalities (e.g., the approval to build greater housing density).  For instance, within Fairfax County, developers are expected to proffer up to 12.5 percent of a new housing development as workforce housing units.

Responding to abuses of proffers in other parts of the Commonwealth, the new legislation limits the amount and scope of what can be proffered. Fortunately, as Senator Surovell noted in his Mount Vernon Voice op-ed this week, the new law excludes a large part of Route One.

I know the County is reviewing the law and providing training opportunities on it.  I’ll keep you posted as we learn more about the new proffer law.