Bill Text: VA HB1271 | 2024 | Regular Session | Prefiled
Bill Title: Virginia Residential Landlord and Tenant Act, etc.; notice of tenant screening criteria.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2024-02-06 - Incorporated by General Laws [HB1271 Detail]
Download: Virginia-2024-HB1271-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§36-139, 55.1-1203, 55.1-1303, and 55.1-1311 of the Code of Virginia are amended and reenacted as follows:
§36-139. Powers and duties of Director.
The Director of the Department of Housing and Community Development shall have the following responsibilities:
1. Collecting from the governmental subdivisions of the Commonwealth information relevant to their planning and development activities, boundary changes, changes of forms and status of government, intergovernmental agreements and arrangements, and such other information as he may deem necessary.
2. Making information available to communities, planning district commissions, service districts and governmental subdivisions of the Commonwealth.
3. Providing professional and technical assistance to, and cooperating with, any planning agency, planning district commission, service district, and governmental subdivision engaged in the preparation of development plans and programs, service district plans, or consolidation agreements.
4. Assisting the Governor in the providing of such state financial aid as may be appropriated by the General Assembly in accordance with §15.2-4216.
5. Administering federal grant assistance programs, including funds from the Appalachian Regional Commission, the Economic Development Administration and other such federal agencies, directed at promoting the development of the Commonwealth's communities and regions.
6. Developing state community development policies, goals, plans and programs for the consideration and adoption of the Board with the ultimate authority for adoption to rest with the Governor and the General Assembly.
7. Developing a Consolidated Plan to guide the development and implementation of housing programs and community development in the Commonwealth for the purpose of meeting the housing and community development needs of the Commonwealth and, in particular, those of low-income and moderate-income persons, families and communities.
8. Determining present and future housing requirements of the Commonwealth on an annual basis and revising the Consolidated Plan, as necessary to coordinate the elements of housing production to ensure the availability of housing where and when needed.
9. Assuming administrative coordination of the various state housing programs and cooperating with the various state agencies in their programs as they relate to housing.
10. Establishing public information and educational programs relating to housing; devising and administering programs to inform all citizens about housing and housing-related programs that are available on all levels of government; designing and administering educational programs to prepare families for home ownership and counseling them during their first years as homeowners; and promoting educational programs to assist sponsors in the development of low and moderate income housing as well as programs to lessen the problems of rental housing management.
11. Administering the provisions of the Industrialized Building Safety Law (§36-70 et seq.).
12. Administering the provisions of the Uniform Statewide Building Code (§36-97 et seq.).
13. Establishing and operating a Building Code Academy for the training of persons in the content, application, and intent of specified subject areas of the building and fire prevention regulations promulgated by the Board of Housing and Community Development.
14. Administering, in conjunction with the federal government, and promulgating any necessary regulations regarding energy standards for existing buildings as may be required pursuant to federal law.
15. Identifying and disseminating information to local governments about the availability and utilization of federal and state resources.
16. Administering, with the cooperation of the Department of Health, state assistance programs for public water supply systems.
17. Advising the Board on matters relating to policies and programs of the Virginia Housing Trust Fund.
18. Designing and establishing program guidelines to meet the purposes of the Virginia Housing Trust Fund and to carry out the policies and procedures established by the Board.
19. Preparing agreements and documents for loans and grants to be made from the Virginia Housing Trust Fund; soliciting, receiving, reviewing and selecting the applications for which loans and grants are to be made from such fund; directing the Virginia Housing Development Authority and the Department as to the closing and disbursing of such loans and grants and as to the servicing and collection of such loans; directing the Department as to the regulation and monitoring of the ownership, occupancy and operation of the housing developments and residential housing financed or assisted by such loans and grants; and providing direction and guidance to the Virginia Housing Development Authority as to the investment of moneys in such fund.
20. Establishing and administering program guidelines for a statewide homeless intervention program.
21. Administering 15 percent of the Low Income Home Energy Assistance Program (LIHEAP) Block Grant and any contingency funds awarded and carry over funds, furnishing home weatherization and associated services to low-income households within the Commonwealth in accordance with applicable federal law and regulations.
22. Developing a strategy concerning the expansion of affordable, accessible housing for older Virginians and Virginians with disabilities, including supportive services.
23. Serving as the Executive Director of the Commission on Local Government as prescribed in §15.2-2901 and perform all other duties of that position as prescribed by law.
24. Developing a strategy, in consultation with the Virginia Housing Development Authority, for the creation and implementation of housing programs and community development for the purpose of meeting the housing needs of persons who have been released from federal, state, and local correctional facilities into communities.
25. Administering the Private Activity Bonds program in Chapter 50 (§15.2-5000 et seq.) of Title 15.2 jointly with the Virginia Small Business Financing Authority and the Virginia Housing Development Authority.
26. Developing a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Residential Landlord and Tenant Act (§55.1-1200 et seq.) and maintaining such statement on the Department's website. The Director shall also develop and maintain on the Department's website a printable form to be signed by the parties to a written rental agreement acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities as required by §55.1-1204. The Director may at any time amend the statement of tenant rights and responsibilities and such printable form as the Director deems necessary and appropriate. The statement of tenant rights and responsibilities shall contain a plain language explanation of the rights and responsibilities of tenants in at least 14-point type. The statement shall provide the telephone number and website address for the statewide legal aid organization and direct tenants with questions about their rights and responsibilities to contact such organization.
27. Developing a statement of tenant rights and responsibilities explaining in plain language the rights and responsibilities of tenants under the Virginia Manufactured Home Lot Rental Act (§55.1-1300 et seq.) and maintaining such statement on the Department's website. The Director shall also develop and maintain on the Department's website a printable form to be signed by the parties to a written rental agreement acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities as required by §55.1-1303. The Director may at any time amend the statement of tenant rights and responsibilities and such printable form as the Director deems necessary and appropriate. The statement of tenant rights and responsibilities shall contain a plain language explanation of the rights and responsibilities in at least 14-point type. The statement shall provide the telephone number and website address for the statewide legal aid organization and direct tenants with questions about their rights and responsibilities to contact such organization.
28. Developing a sample notice of tenant screening criteria explaining in plain language the information a landlord subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) is required to notify applicants of pursuant to subdivision A 1 of §55.1-1203 prior to collecting any fee, deposit, or information from such applicant. The sample notice shall be maintained on the Department's website in at least 14-point type and shall include a standardized statement of the right of any applicant to receive a free copy of his credit report once during any 12-month period upon request to a nationwide consumer reporting agency pursuant to 15 U.S.C. §1681j(a)(1)(A) and to dispute the accuracy of information appearing in such report without charge pursuant to 15 U.S.C. §1681i(a)(1)(A).
29. Developing a sample termination notice that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant in accordance with §55.1-1250. The sample termination notice shall be in at least 14-point type and shall be maintained on the Department's website.
29. 30. Developing and operating a
Virginia Residential Sites and Structures Locator database to assist localities
in marketing any structures and parcels determined by the locality to be
suitable for future residential or mixed-use development or redevelopment and
that are under (i) public ownership, (ii) public and private ownership, or
(iii) private ownership if the owner or owners have authorized the locality to
market the structure or parcel for future residential or mixed-use development
or redevelopment purposes.
30. 31. Conducting a comprehensive
statewide housing needs assessment at least every five years, which shall
include (i) a review of housing cost burden and instability, supply and demand
for affordable rental housing, and supply and demand for affordable for-sale
housing and (ii) regional or local profiles that focus on specific housing
needs of particular regions or localities.
31. 32. Developing a statewide
housing plan that reflects the findings of the statewide housing needs
assessment conducted pursuant to subdivision 30 31, which plan shall include
measurable goals and be updated at least every five years to reflect changes in
the Commonwealth's housing goals, and providing an annual report to the General
Assembly on progress toward meeting the goals identified in such plan and the
availability of housing that is accessible to people with disabilities.
32. 33. Collecting reports
submitted by localities pursuant to §36-139.9 in any manner prescribed by the
Department, including any forms developed by the Department to collect the
information required to be reported by the localities pursuant to such section
and publishing such reports on its website.
33. 34. Carrying out such other
duties as may be necessary and convenient to the exercise of powers granted to
the Department.
§55.1-1203. Application; deposit, fee, and additional information.
A. 1. Prior to collecting any fee, deposit, or information from an applicant, a landlord shall notify applicants in writing or post in a conspicuous manner (i) the amount and purpose of each fee or deposit that may be charged to an applicant and whether such fee or deposit is refundable, (ii) which information will be used to assess an applicant's eligibility for tenancy, and (iii) any criteria that may result in automatic denial of an application. The landlord may use the sample notice of tenant screening criteria developed by the Director of the Department of Housing and Community Development and maintained on the Department's website pursuant to subdivision 28 of §36-139 to satisfy this obligation. The landlord shall review applications in the order in which they are received. The landlord shall provide any applicant who is denied tenancy with a statement written in plain language containing all of the reasons for such denial and a copy of any of such applicant's credit reports that the landlord reviewed within three business days of such denial.
2. Any landlord may require a refundable application
deposit in addition to a refundable or
nonrefundable application fee. If the applicant fails to rent the unit for
which application was made, from the application deposit the landlord shall
refund to the applicant within 20 a reasonable time, not to exceed
14 days, after
the applicant's failure to rent the unit or the landlord's rejection of the
application all sums in excess of the landlord's actual expenses and damages
together with an itemized list of such expenses and damages. If, however, the
application deposit was made by cash, certified check, cashier's check, or
postal money order, such refund shall be made within 10 days of the applicant's
failure to rent the unit if the failure to rent is due to the landlord's
rejection of the application. Failure
to review an application within 14 days of receipt constitutes a rejection for
purposes of this subdivision. If
the landlord fails to comply with this section, the applicant may recover as
damages suffered by him that portion of the application deposit wrongfully withheld
and reasonable attorney fees.
B. A landlord may request that a prospective tenant provide information that will enable the landlord to determine whether each applicant may become a tenant. The landlord may photocopy each applicant's driver's license or other similar photo identification, containing either the applicant's social security number or control number issued by the Department of Motor Vehicles pursuant to §46.2-342. However, a landlord shall not photocopy a U.S. government-issued identification so long as to do so is a violation of 18 U.S.C. §701. The landlord may require, for the purpose of determining whether each applicant is eligible to become a tenant in the landlord's dwelling unit, that each applicant provide a social security number issued by the U.S. Social Security Administration or an individual taxpayer identification number issued by the U.S. Internal Revenue Service.
C. 1. An application fee shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, an application fee shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant.
2. Prior to having a background, credit, or other pre-occupancy check performed on an applicant, the landlord shall provide such applicant in writing (i) the name and address of any consumer reporting agency to be used, (ii) a statement of such applicant's right to receive a free copy of his credit report once during any 12-month period upon request to a nationwide consumer reporting agency pursuant to 15 U.S.C. §1681j(a)(1)(A), and (iii) a statement of such applicant's right to dispute the accuracy of information appearing in such report without charge pursuant to 15 U.S.C. §1681i(a)(1)(A).
D. A landlord shall consider evidence of an applicant's status as a victim of family abuse, as defined in §16.1-228, to mitigate any adverse effect of an otherwise qualified applicant's low credit score. In order to establish the applicant's status as a victim of family abuse, an applicant may submit to the landlord (i) a letter from a sexual and domestic violence program, a housing counselor certified by the U.S. Department of Housing and Urban Development, or an attorney representing the applicant; (ii) a law-enforcement incident report; or (iii) a court order. If a landlord does not comply with this section, the applicant may recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord's out-of-pocket expenses that were charged to the prospective tenant, along with attorney fees.
§55.1-1303. Landlord's obligations.
The landlord shall:
1. Comply with applicable laws governing health, zoning, safety, and other matters pertaining to manufactured home parks;
2. Make all repairs and do whatever is necessary to put and keep the manufactured home park in a fit and habitable condition, including maintaining in a clean and safe condition all facilities and common areas provided by the landlord for use by the tenants of two or more manufactured home lots;
3. Maintain in good and working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied or required to be supplied by the landlord;
4. Provide and maintain appropriate receptacles as a manufactured home park facility, except when door-to-door garbage and waste pickup is available within the manufactured home park for the collection and storage of garbage and other waste incidental to the occupancy of the manufactured home park, and arrange for the removal of the garbage and other waste;
5. Provide reasonable access to electric, water, and sewage
disposal connections for each manufactured home lot. In the event of a planned
disruption by the landlord in electric, water, or sewage disposal services, the
landlord shall give written notice to tenants no less than 48 hours prior to
the planned disruption in service; and
6. Within a reasonable time, not to exceed 14 days, after the landlord's rejection of an application for tenancy or such applicant's failure to rent a unit upon being notified of his eligibility for tenancy, refund from any application deposit made by such applicant all sums in excess of the landlord's actual expenses and damages together with an itemized list of such expenses and damages. Failure to review an application within 14 days of receipt constitutes a rejection for purposes of this subdivision; and
6. 7. Provide a
copy of any written rental agreement and the statement of tenant rights and responsibilities
to the tenant within one month of the effective date of the written rental
agreement. The parties to a written rental agreement shall sign the form
developed by the Department of Housing and Community Development and posted on
its website pursuant to §36-139 acknowledging that the tenant has received
from the landlord the statement of tenant rights and responsibilities. If a
tenant fails to sign the form available pursuant to this subsection, the
landlord shall record the date or dates on which he provided the form to the
tenant and the fact that the tenant failed to sign such form. Subsequent to the
effective date of the tenancy, a landlord may, but shall not be required to,
provide a tenant with and allow such tenant an opportunity to sign the form
described pursuant to this subsection. The failure of the landlord to deliver
such a rental agreement and statement shall not affect the validity of the
agreement. However, the landlord shall not file or maintain an action,
including any summons for unlawful detainer, against the tenant in a court of
law for any alleged lease violation until he has provided the tenant with the
statement of tenant rights and responsibilities.
§55.1-1311. Other provisions of law applicable.
Section 55.1-1202, subdivisions A 1 and C 2 and subsection D of §55.1-1203, subsection A of §55.1-1204, §§55.1-1207, 55.1-1208, 55.1-1216, 55.1-1224, 55.1-1226, 55.1-1228, 55.1-1234 through 55.1-1249, 55.1-1251, 55.1-1252, and 55.1-1259 shall, insofar as they are not inconsistent with this chapter, apply, mutatis mutandis, to the rental and occupancy of a manufactured home lot.
