Bill Text: VA HB817 | 2024 | Regular Session | Enrolled
Bill Title: VA Residential Landlord and Tenant Act and Manufactured Home Lot Rental Act; retaliatory conduct.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Vetoed) 2024-04-17 - House sustained Governor's veto [HB817 Detail]
Download: Virginia-2024-HB817-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §§55.1-1258 and 55.1-1314 of the Code of Virginia are amended and reenacted as follows:
§55.1-1258. Retaliatory conduct prohibited.
A. Except as provided in this section or as otherwise provided
by law, a landlord may shall not retaliate by increasing rent
or decreasing services or by bringing or threatening to bring an against
a tenant by taking any action for possession or by causing a termination
of the rental agreement pursuant to §55.1-1253 or 55.1-1410 after he has
knowledge that (i) set forth in subsection B because after he has actual
knowledge that the tenant has (i) complained to a governmental
agency charged with responsibility for enforcement of a building or housing
code of a violation applicable to the premises materially affecting health or
safety,; (ii) the tenant has made a complaint to or
filed an action against the landlord for a violation of any member of a
news or media outlet of noncompliance with the lease or this chapter; (iii)
made a written complaint to or filed an action against the landlord for a
violation of the lease, any provision of this chapter, (iii) the tenant
has the Virginia Fair Housing Law (§36-96.1 et seq.), or the federal
Fair Housing Act of 1968 (42 U.S.C. §3601 et seq.); (iv) organized or,
become a member of, or participated in lawful activities pertaining to a
tenant's organization,; or (iv) the tenant has (v) or
testified in a court proceeding against the landlord. However, the
provisions of this subsection shall not be construed to prevent the landlord
from increasing rent to that which is charged for similar market rentals nor
decreasing services that apply equally to all tenants.
B. If the landlord acts in violation of this section, the
tenant is entitled to the applicable remedies provided for in this chapter,
including recovery of actual damages, and may assert such retaliation as a
defense in any action against him for possession. The burden of proving
retaliatory intent shall be on the tenant. If a landlord has knowledge
that a tenant has taken any action set forth in subsection A, the landlord may
not retaliate against the tenant by (i) increasing rent or fees only on the
complaining tenant; (ii) selectively decreasing services, selectively enforcing
a rule or imposing a different rule on the complaining tenant, or otherwise
materially altering the terms of the lease without consent of the complaining
tenant; (iii) threatening, harassing, or coercing the complaining tenant; (iv)
bringing an action or threatening to bring an action for possession against the
complaining tenant; (v) terminating a rental agreement of the complaining
tenant pursuant to §55.1-1253 or 55.1-1410; or (vi) refusing to renew a
tenancy where the tenant is receiving tenant-based rental assistance through
the federal Housing Choice Voucher Program, 42 U.S.C. §1437f(o), or any other
federal, state, or local program. However, the provisions of this subsection
shall not be construed to prevent the landlord from increasing rent to that
which is charged for similar market rentals.
C. Notwithstanding subsections A and B, a landlord shall not be liable for retaliation under this section and may terminate the rental agreement pursuant to §55.1-1253 or 55.1-1410 and bring an action for possession if:
1. Violation A violation of the applicable
building or housing code was caused primarily by lack of reasonable care by the
tenant, an authorized occupant, or a guest or invitee of the tenant;
2. The tenant is in default in rent at the time an unlawful detainer action for possession is filed;
3. Compliance with the applicable building or housing code
requires alteration, remodeling, or demolition that would effectively deprive
the tenant of use of the dwelling unit; or
4. The tenant is in default of a provision of the rental agreement materially affecting the health and safety of himself or others;
5. Notice to terminate pursuant to §55.1-1253 or 55.1-1410 was given to the tenant before the tenant engaged in an act set forth in subsection A;
6. The landlord increases rent or fees pursuant to the lease terms;
7. The landlord decreases services for or imposes a rule change that applies equally to all tenants;
8. Notice to terminate for material noncompliance with the lease agreement was given to the tenant before the tenant engaged in an act set forth in subsection A; or
9. The landlord fails to renew a tenancy where the tenant is receiving tenant-based rental assistance through the federal Housing Choice Voucher Program, 42 U.S.C. §1437f(o), or any other federal, state, or local program, for good cause.
The maintenance of the action provided in this section does not release the landlord from liability under §55.1-1226.
D. The landlord may also terminate the rental agreement pursuant to §55.1-1253 or 55.1-1410 for any other reason not prohibited by law unless the court finds that the reason for the termination was retaliation. If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession.
§55.1-1314. Retaliatory conduct prohibited.
A. Except as provided in this section, or as otherwise
provided by law, a landlord shall not retaliate by selectively increasing
rent or decreasing services or by bringing or threatening to bring an
against a tenant by taking any action for possession after the landlord
has knowledge that (i) set forth in subsection B after the landlord has
knowledge that the tenant has (i) complained to a governmental
agency charged with responsibility for enforcement of a building or housing
code of a violation applicable to the premises materially affecting health or
safety,; (ii) the tenant has made a complaint to or
filed an action against the landlord for a violation of any member of a
news or media outlet of noncompliance with the lease or this chapter; (iii)
filed an action against the landlord for a violation of the lease, any
provision of this chapter, (iii) the tenant has organized or the
Virginia Fair Housing Law (§36-96.1 et seq.), or the federal Fair Housing Act
of 1968 (42 U.S.C. §3601 et seq.); (iv) become a member of or
participated in lawful activities pertaining to a tenant's organization,;
or (iv) the tenant has (v) testified in a court proceeding
against the landlord.
B. The landlord shall be deemed to have knowledge of a fact
if he has actual knowledge of it, he has received a notice or notification of
it, or, from all the facts and circumstances known to him at the time in
question, he has reason to know that it exists. If a landlord has
knowledge that a tenant has taken any action set forth in subsection A, the
landlord may not retaliate against the tenant by (i) increasing rent or fees
only on the complaining tenant; (ii) selectively decreasing services,
selectively enforcing a rule or imposing a different rule on the tenant, or
otherwise materially altering the terms of the lease without consent of the
complaining tenant; (iii) threatening, harassing, or coercing the complaining
tenant; (iv) bringing an action or threatening to bring an action for
possession against the complaining tenant; (v) terminating a rental agreement
of the complaining tenant pursuant to §55.1-1253 or 55.1-1410; or (vi)
refusing to renew a tenancy where the tenant is receiving tenant-based rental
assistance through the federal Housing Choice Voucher Program, 42 U.S.C. §
1437f(o), or any other federal, state or local program. However, the provisions
of this subsection shall not be construed to prevent the landlord from
increasing rent to that which is charged for similar market rentals.
C. Notwithstanding the provisions of subsections A and B, a
landlord may terminate the rental agreement pursuant to subsection A of §
55.1-1308 and bring an action for possession if shall not be liable for
retaliation under this section and may terminate the rental agreement pursuant
to subsection A of §55.1-1308 and bring an action for possession if:
1. Violation A violation of the applicable
building or housing code that was caused primarily by lack of reasonable care by
the tenant, an authorized occupant, or a guest or invitee of the tenant;
2. The landlord terminates the rental agreement and brings
an action for possession in response to the tenant being The tenant is
in default in rent at the time the action for possession is filed;
3. The landlord terminates the rental agreement and brings
an action for possession due to compliance Compliance with the
applicable building or housing code that requires alteration,
remodeling, or demolition that would effectively deprive the tenant of use of
the dwelling unit;
4. The landlord terminates the rental agreement and brings
an action for possession in response to the tenant being is
in default of a provision of the rental agreement materially affecting the
health and safety of the tenant or others;
5. The landlord terminates the rental agreement and brings
an action for possession after notice Notice to terminate the lease
pursuant to §55.1-1308 or 55.1-1410 was given to the tenant and such notice
was provided before the tenant engaged in an act set forth in subsection A;
6. The landlord increases rent or fees pursuant to an
escalation clause in the lease terms; or
7. The landlord decreases services for, or imposes a rule change that applies equally to, all tenants;
8. Notice to terminate for material noncompliance with the lease agreement was given to the tenant before the tenant engaged in an act set forth in subsection A; or
9. The landlord fails to renew a tenancy where the tenant is receiving tenant-based rental assistance through the federal Housing Choice Voucher Program, 42 U.S.C. §1437f(o), or any other federal, state, or local program, for good cause.
The maintenance of the action provided in this section does not release the landlord from liability under §55.1-1302.
