Landlord and tenant; noncompliance with rental agreement; prohibition on using negative credit information arising from the COVID-19 pandemic against applicants for tenancy; penalty. Provides that 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 shall not take any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency declared by the Governor related to the COVID-19 pandemic. 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 upon payment history or an eviction based on nonpayment of rent that occurred during the proscribed period. 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. The bill permits a tenant or applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.
Landlord and tenant; noncompliance with rental agreement, reporting negative credit information.
Landlord and tenant; noncompliance with rental agreement; prohibition on using negative credit information arising from the COVID-19 pandemic against applicants for tenancy; penalty. Provides that 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 shall not take any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency declared by the Governor related to the COVID-19 pandemic. 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 upon payment history or an eviction based on nonpayment of rent that occurred during the proscribed period. 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. The bill permits a tenant or applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.
Status
Bill Text
Date | Bill Type | Click here for Bill Details (PDF) |
---|---|---|
2020-11-09 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0047+hil | |
2020-11-09 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106ER2+hil | |
2020-10-28 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106ER+hil | |
2020-10-16 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H3+hil | |
2020-10-14 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H2+hil | |
2020-08-28 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106EH1+hil | |
2020-08-24 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H1+hil | |
2020-08-21 | https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106+hil |
Votes
Date | Action | Vote | Document |
---|---|---|---|
2020-08-24 | House: Reported from General Laws with substitute (11-Y 8-N) | Yea: 11 No: 8 Other: 0 | Document |
2020-08-24 | House: Reported from General Laws with substitute (12-Y 8-N) | Yea: 12 No: 8 Other: 0 | Document |
2020-09-03 | House: VOTE: Passage Emergency (54-Y 44-N) | Yea: 54 No: 44 Other: 0 | Document |
2020-09-18 | Senate: Reported from General Laws and Technology with amendments (8-Y 3-N 3-A) | Yea: 8 No: 3 Other: 3 | Document |
2020-09-24 | Senate: Constitutional reading dispensed (35-Y 0-N) | Yea: 35 No: 0 Other: 0 | Document |
2020-09-25 | Senate: Passed Senate with amendments (20-Y 16-N) | Yea: 20 No: 16 Other: 0 | Document |
2020-10-02 | House: VOTE: Adoption (0-Y 97-N) | Yea: 0 No: 97 Other: 0 | Document |
2020-10-07 | Senate: Senate insisted on amendments (22-Y 12-N) | Yea: 22 No: 12 Other: 0 | Document |
2020-10-14 | Senate: Conference report rejected by Senate (1-Y 37-N) | Yea: 1 No: 37 Other: 0 | Document |
2020-10-14 | Senate: Senate insisted on amendment (28-Y 9-N) | Yea: 28 No: 9 Other: 0 | Document |
2020-10-14 | House: VOTE: Rejected (0-Y 90-N) | Yea: 0 No: 90 Other: 0 | Document |
2020-10-16 | House: VOTE: Agreed To (57-Y 42-N) | Yea: 57 No: 42 Other: 0 | Document |
2020-11-09 | Senate: Senate concurred in Governor's recommendation (23-Y 16-N) | Yea: 23 No: 16 Other: 0 | Document |
2020-11-09 | House: VOTE: Adoption (55-Y 43-N) | Yea: 55 No: 43 Other: 0 | Document |
Amendments
no data available at this time.
Bill History
Date | Action |
---|---|
2020-11-09 | Governor: Acts of Assembly Chapter text (CHAP0047) |
2020-11-09 | Enacted, Chapter 47 (effective 3/1/21) |
2020-11-09 | Signed by President as reenrolled |
2020-11-09 | Signed by Speaker as reenrolled |
2020-11-09 | Reenrolled bill text (HB5106ER2) |
2020-11-09 | Reenrolled |
2020-11-09 | Governor: Governor's recommendation adopted |
2020-11-09 | Senate concurred in Governor's recommendation (23-Y 16-N) |
2020-11-09 | VOTE: Adoption (55-Y 43-N) |
2020-11-09 | House concurred in Governor's recommendation (55-Y 43-N) |
2020-11-05 | Governor's recommendation received by House |
2020-10-30 | Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020 |
2020-10-30 | Enrolled Bill communicated to Governor on October 30, 2020 |
2020-10-30 | Signed by President |
2020-10-28 | Signed by Speaker |
2020-10-28 | Bill text as passed House and Senate (HB5106ER) |
2020-10-28 | Enrolled |
2020-10-16 | VOTE: Agreed To (57-Y 42-N) |
2020-10-16 | Conference report agreed to by House (Y-57 N-42) |
2020-10-16 | Conference report agreed to by Senate (22-Y 14-N) |
2020-10-16 | Second Conference substitute printed 20201382D-H3 |
2020-10-16 | Conference: Amended by conference committee |
2020-10-16 | Senators: Barker, Ebbin, Reeves |
2020-10-16 | Second conferees appointed by Senate |
2020-10-14 | Delegates: Cole, J.G., Bulova, Morefield |
2020-10-14 | Second conferees appointed by House |
2020-10-14 | House acceded to request for second conference committee |
2020-10-14 | Senate requested second conference committee (28-Y 9-N) |
2020-10-14 | Conference report rejected by Senate (1-Y 37-N) |
2020-10-14 | Passed by temporarily |
2020-10-14 | VOTE: Rejected (0-Y 90-N) |
2020-10-14 | Conference report rejected by House (0-Y 90-N) |
2020-10-14 | Conference substitute printed 20201355D-H2 |
2020-10-14 | Conference: Amended by conference committee |
2020-10-07 | Senators: Barker, Ebbin, Reeves |
2020-10-07 | Conferees appointed by Senate |
2020-10-07 | Delegates: Cole, J.G., Bulova, Morefield |
2020-10-07 | Conferees appointed by House |
2020-10-07 | House acceded to request |
2020-10-07 | Senate requested conference committee |
2020-10-07 | Senate insisted on amendments (22-Y 12-N) |
2020-10-02 | VOTE: Adoption (0-Y 97-N) |
2020-10-02 | Senate amendments rejected by House (0-Y 97-N) |
2020-10-02 | Placed on Calendar |
2020-09-29 | Passed by for the day |
2020-09-25 | Passed Senate with amendments (20-Y 16-N) |
2020-09-25 | Engrossed by Senate as amended |
2020-09-25 | Amendment by Senator Barker agreed to |
2020-09-25 | Reading of amendment waived |
2020-09-25 | Committee amendment #3 rejected |
2020-09-25 | Committee amendments #'s 1,2,4,5 agreed to |
2020-09-25 | Reading of amendments waived |
2020-09-25 | Read third time |
2020-09-24 | Constitutional reading dispensed (35-Y 0-N) |
2020-09-18 | Reported from General Laws and Technology with amendments (8-Y 3-N 3-A) |
2020-09-04 | Referred to Committee on General Laws and Technology |
2020-09-04 | Constitutional reading dispensed |
2020-09-03 | VOTE: Passage (54-Y 44-N) |
2020-09-03 | Read third time and passed House (54-Y 44-N) |
2020-08-28 | Printed as engrossed 20200990D-EH1 |
2020-08-28 | Engrossed by House - committee substitute with amendments HB5106EH1 |
2020-08-28 | Emergency clause deleted |
2020-08-28 | Amendments by Delegate Convirs-Fowler agreed to |
2020-08-28 | Amendment by Delegate Simon agreed to |
2020-08-28 | Committee substitute agreed to 20200990D-H1 |
2020-08-28 | Read second time |
2020-08-27 | Passed by for the day |
2020-08-26 | Read first time |
2020-08-24 | Reported from General Laws with substitute (12-Y 8-N) |
2020-08-24 | Committee substitute printed 20200990D-H1 |
2020-08-21 | Referred to Committee on General Laws |
2020-08-21 | Presented and ordered printed with emergency clause 20200742D |
Sponsors
Name | District |
---|---|
Joshua Cole | HD-028 |
Kelly Convirs-Fowler | HD-021 |
Alex Askew | HD-085 |
Dawn Adams | HD-068 |
Lashrecse Aird | HD-063 |
Hala Ayala | HD-051 |
Lamont Bagby | HD-074 |
Jeffrey Bourne | HD-071 |
Betsy Carr | HD-069 |
Jennifer Foy | HD-002 |
Lee Carter | HD-050 |
Elizabeth Guzman | HD-031 |
C.E. Hayes | HD-077 |
Dan Helmer | HD-040 |
Patrick Hope | HD-047 |
Chris Hurst | HD-012 |
Clinton Jenkins | HD-076 |
Mark Keam | HD-035 |
Kaye Kory | HD-038 |
Mark Levine | HD-045 |
Joesph Lindsey | HD-090 |
Delores McQuinn | HD-070 |
Kenneth Plum | HD-036 |
Marcia Price | HD-095 |
Sam Rasoul | HD-011 |
Ibraheem Samirah | HD-086 |
Don Scott | HD-080 |
Vivian Watts | HD-039 |