An essential aspect of our work at Loebsack & Brownlee is staying ahead of the issues that directly and indirectly impact our clients and our industry. We achieve this through our ongoing engagement with the community, including participation in Apartment Associations such as the Virginia Apartment Management Association (VAMA). Below is a brief overview of the involvement of Partner Shanae Auguste, Associate Attorney Makiba Jackson, and Legislative and Regulatory Program Administrator Katie Spillers during Lobby Day in Virginia, as well as an update on where we stand now.
Opposed Bills
- Specific requests were made for lawmakers to oppose SB 1136, a bill on rent control. It failed in the Senate, while its House companion, HB 2175, passed the House subcommittee and moved to the whole committee. The bill needs one motion in the House. VAMA is working to see which Delegate will make that motion. Otherwise, it will cross over on Tuesday, Feb 4, 2025.
- Opposition to HB 1719 and SB 812, which extended tenants’ mandatory waiting period from five to 14 days, was requested. This waiting period begins after a landlord serves written notice to the tenant about their nonpayment of rent and the landlord’s intention to terminate the rental agreement if the rent is unpaid. Only after this 14-day period can the landlord pursue remedies to terminate the rental agreement. SB 812 has passed, and it seems that HB 1719 will also pass.
Requests for Support
- Lawmakers were also asked to support HB 2430, a bill to clarify fee disclosure in lease agreements. It has now passed the committee. This bill simplifies the language requiring housing providers to disclose fees upfront rather than listing every potential fee that could be charged throughout the duration of the lease.
- Backing of HB 2557 and its Senate companion, SB 993, was requested. These bills clarify that unlicensed property managers can perform certain real estate activities under a real estate broker’s supervision when working with prospective residents. These actions include showing a rental unit and providing factual information about the apartments or rental houses to prospective residents, accepting applications to rent the unit, security deposits, and rental payments. Unlicensed property managers cannot negotiate security deposits, rent, or lease terms. Both bills passed this week. VAMA staff is meeting with Governor Youngkin’s staff next week to ensure it does not get flagged for his veto.
Legislation to watch
The bill on broadband bulk billing, HB 1709, was defeated. This legislation would have prevented a landlord of a multifamily dwelling unit from accepting payment from a broadband service provider for simply granting access to the landlord’s tenants or allowing those tenants to access the service. Additionally, the law would have prohibited landlords from demanding or accepting payment from tenants in exchange for such service unless the landlord was the actual provider of the service.
Not moving forward
HB 1943 will not move forward. This legislation aimed to expand the list of unlawful discriminatory housing practices to include two key points: (i) refusing to rent or negotiate for the rental of a dwelling based on an applicant renter’s income not meeting a threshold set by the landlord, and (ii) requiring any charges or deposits from a renter before the start date of a rental agreement for reasons other than monthly rent, a security deposit, or any other deposit intended to cover access to a specific service or facility related to the rental of the dwelling.
What has passed the House and the Senate?
HB 1638 has passed both the House and Senate. It requires the Director of the Department of Housing and Community Development, with input from a stakeholder group convened by the Department, to create a model policy for criminal record screening to determine whether an applicant for affordable housing, as defined under the Virginia Residential Landlord and Tenant Act, should be admitted or denied. This policy will be developed in accordance with the U.S. Department of Housing and Urban Development’s guidance on the federal Fair Housing Act. It will be made available on the Department’s website.
Additionally, the bill prohibits landlords of affordable housing units from inquiring about or requiring the disclosure of an applicant’s criminal or arrest record or taking any adverse actions based on such information unless they comply with the established criminal record screening model policy. This policy must be provided to the applicant in written form.
We will keep you informed as the information comes in.
*Please note that this is not legal advice, and Loebsack & Brownlee, PLLC is a non-partisan private company. Any work we undertake is for the purpose of enhancing our knowledge, educating our clients, and benefiting those who may be directly impacted. If you have any questions, please consult your local attorney.*
