VA HB1908 | 2021 | 1st Special Session

Note: Carry Over of previous HB1908

Status

Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: Engrossed on January 18 2021 - 50% progression, died in chamber
Action: 2021-02-23 - Defeated by Senate (19-Y 20-N)
Text: Latest bill text (Prefiled) [HTML]

Summary

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements. Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.

Tracking Information

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Title

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement, etc.

Sponsors


Roll Calls

2021-02-23 - Senate - Senate: Defeated by Senate (19-Y 20-N) (Y: 19 N: 20 NV: 0 Abs: 0) [FAIL]
2021-02-22 - Senate - Senate: Reconsideration of defeated action agreed to by Senate (39-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-22 - Senate - Senate: Defeated by Senate (19-Y 20-N) (Y: 19 N: 20 NV: 0 Abs: 0) [FAIL]
2021-02-19 - Senate - Senate: Constitutional reading dispensed (32-Y 0-N) (Y: 32 N: 0 NV: 0 Abs: 7) [PASS]
2021-02-17 - Senate - Senate: Reported from General Laws and Technology (8-Y 5-N 2-A) (Y: 8 N: 5 NV: 2 Abs: 0) [PASS]
2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N) (Y: 14 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-19 - House - House: VOTE: Passage (57-Y 42-N) (Y: 57 N: 42 NV: 0 Abs: 1) [PASS]
2021-01-14 - House - House: Reported from General Laws (14-Y 7-N) (Y: 0 N: 7 NV: 0 Abs: 1) [FAIL]

History

DateChamberAction
2021-02-23SenateDefeated by Senate (19-Y 20-N)
2021-02-23SenateRead third time
2021-02-22SenatePassed by for the day
2021-02-22SenateReconsideration of defeated action agreed to by Senate (39-Y 0-N)
2021-02-22SenateDefeated by Senate (19-Y 20-N)
2021-02-22SenateRead third time
2021-02-19SenateConstitutional reading dispensed (32-Y 0-N)
2021-02-17SenateReported from General Laws and Technology (8-Y 5-N 2-A)
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
2021-01-20SenateReferred to Committee on General Laws and Technology
2021-01-20SenateConstitutional reading dispensed
2021-01-19HouseVOTE: Passage (57-Y 42-N)
2021-01-19HouseRead third time and passed House (57-Y 42-N)
2021-01-18HouseRead second time and engrossed
2021-01-15HouseRead first time
2021-01-14HouseReported from General Laws (14-Y 7-N)
2021-01-09HouseReferred to Committee on General Laws
2021-01-09HousePrefiled and ordered printed; offered 01/13/21 21101428D

Same As/Similar To

HB1908 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
5511245(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB1908
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1908+hil
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1908F122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H11C0025+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC0971+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S12C0123+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S12V0045+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0228HB1908+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0272HB1908+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0302HB1908+HB1908
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0357HB1908+HB1908

Bill Comments

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