Bill Text: VA HB817 | 2024 | Regular Session | Prefiled
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-Prefiled.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 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 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 or any member of a news or media outlet of noncompliance
with the lease or this chapter; (iii) exercised or
attempted to exercise a right or remedy under 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) pursued an action or administrative remedy
against the landlord, or testified against
the landlord, in a court or
administrative 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. A landlord may not, within six months after the
date of an action taken by a tenant as set forth in subsection
A, retaliate against the tenant by (i) selectively increasing rent or fees;
(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; (iii) threatening, harassing, or
coercing the tenant; (iv) bringing
an action or threatening to bring an action for possession; (v)
terminating a rental agreement pursuant to §55.1-1253
or 55.1-1410; or (vi) refusing to renew a
tenancy for a fixed term under a lease containing a renewal option that is
exercisable by the tenant without negotiation with the landlord for any period
after the lease would otherwise terminate.
C. Notwithstanding subsections
A and B, a A
landlord may terminate the rental agreement pursuant to §
55.1-1253 or 55.1-1410 and bring an action for possession if shall not be liable for retaliation under this
section (i) if the landlord proves that
the action was not made for the purposes of retaliation or (ii) in
any of the following instances:
1. Violation The landlord terminates the rental agreement and brings
an action for possession in response to 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 is being
in default in rent at the time the action for
possession is filed;
3. Compliance The landlord terminates the rental agreement and
brings an action for possession due to 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; or
4. The landlord terminates the
rental agreement and brings an action for possession in response to the
tenant is being
in default of a provision of the rental agreement materially affecting the
health and safety of himself the tenant or others;
5. The landlord terminates the rental agreement and brings an action for possession after notice to terminate the lease pursuant to §55.1-1253 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; or
7. The landlord decreases services for, or imposes a rule change that applies equally to, all tenants.
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. In addition to other remedies provided by law, if
the landlord violates the provisions of this section, the tenant (i) shall be
entitled to recovery of actual damages, court costs, and reasonable attorney
fees and (ii) may assert retaliation as a
defense in any action brought against
him for possession.
§55.1-1314. Retaliatory conduct prohibited.
A. Except as provided in this
section, or as otherwise provided by law, a 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
because 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 or any member of a news or media outlet of
noncompliance with the lease or this chapter; (iii) exercised or attempted to
exercise a right or remedy under 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) pursued an action or
administrative remedy against the landlord, or testified against the landlord, in a
court or administrative 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. A landlord
may not, within six months after the date of an action taken by a tenant as set
forth in subsection A, retaliate against the tenant by (i) selectively
increasing rent or fees; (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; (iii) threatening, harassing, or
coercing the tenant; (iv) bringing
an action or threatening to bring an action for possession; (v)
terminating a rental agreement pursuant to §55.1-1253 or 55.1-1410; or (vi) refusing
to renew a tenancy for a fixed term under a lease containing a renewal option
that is exercisable by the tenant without negotiation with the landlord for any
period after the lease would otherwise terminate.
C. Notwithstanding the
provisions of subsections A and B, a 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 (i) if the landlord proves that the action was not made for the
purposes of retaliation or (ii) in any of the following instances:
1. Violation The landlord terminates the rental agreement and
brings an action for possession in response to a violation
of the applicable building and or
housing code that was caused
primarily by lack of reasonable care
by the tenant, a member of the tenant's household
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 is being
in default in rent at the time the action for
possession is filed; or
3. The landlord terminates the rental agreement and brings an action for possession due to 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 is being 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 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; or
7. The landlord decreases services for, or imposes a rule change that applies equally to, all tenants.
The maintenance of the action provided in this section does not release the landlord from liability under §55.1-1302.
D. In addition to other remedies provided by law, if the landlord violates the provisions of this section, the tenant (i) shall be entitled to recovery of actual damages, court costs, and reasonable attorney fees and (ii) may assert retaliation as a defense in any action brought against him for possession.
