Bill Text: VA SB405 | 2024 | Regular Session | Prefiled
Bill Title: Virginia Residential Landlord and Tenant Act; fee disclosure statement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-04-17 - Governor: Acts of Assembly Chapter text (CHAP0788) [SB405 Detail]
Download: Virginia-2024-SB405-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§36-139 and 55.1-1203 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 fee disclosure statement 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 be available in English and the top five non-English languages spoken in Virginia as designated by the U.S. Census Bureau. The Department may accept materials translated by volunteers but shall verify the accuracy of such translations prior to making the translated materials available on its website.
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 provide applicants a fee disclosure statement, which shall be written in at least 14-point type and contain the amount and purpose of each fee or deposit that may be charged to an applicant. The landlord may use the sample fee disclosure statement 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. A landlord shall not collect any fee from the tenant unless the fee is included on the form and the form is signed by both the landlord and the tenant.
2. Any landlord may require a refundable application deposit in addition to a 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 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. 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. 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.
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.
2. That the Department of Housing and Community Development (the Department) shall convene a work group to make recommendations for the development of the sample fee disclosure statement required to be developed pursuant to subdivision 28 of §36-139 of the Code of Virginia, as amended by this act. The work group shall consist of landlords, property managers, affordable housing advocates, tenants, and attorneys who regularly assist clients in matters related to the Virginia Residential Landlord and Tenant Act (§55.1-1200 et seq. of the Code of Virginia). In making its recommendations, the work group shall (i) identify the types and amounts of fees that may be charged to applicants for housing and (ii) create a template to assist the Department in developing the sample fee disclosure statement. The work group shall submit its recommendations to the Department no later than November 1, 2024.
