Bills

Virginia Residential Landlord and Tenant Act; landlord obligations; access of tenant to broadband services. Prohibits the landlord of a multifamily dwelling unit from accepting payment from a provider of broadband service for granting such provider mere access to the landlord's tenants or giving such tenants mere access to such service. The bill also prohibits a landlord from demanding or accepting payment from tenants in exchange for such a service unless the landlord itself is the provider of the service.

Virginia Residential Landlord and Tenant Act; enforcement by localities. Provides that if a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, a locality may institute an action for injunction and damages to enforce the landlord's duty to maintain the rental dwelling unit in a fit and habitable condition, provided that (i) the property where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the property, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time after receiving such notice.

Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement. Increases from five days to 14 days the mandatory waiting period after a landlord serves written notice on a tenant notifying the tenant of his nonpayment of rent and of the landlord's intention to terminate the rental agreement if rent is not paid before the landlord may pursue remedies for termination of the rental agreement.

Virginia Residential Landlord and Tenant Act; terms and conditions of rental agreement; renewal notice. 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, whether individually or through a business entity, in the Commonwealth shall be required to provide written notice to any tenant whose rental agreement the landlord has chosen not to renew.

Zoning; development and use of accessory dwelling units. Requires a locality to include in its zoning ordinances for single-family residential zoning districts accessory dwelling units, or ADUs, as defined in the bill, as a permitted accessory use. The bill requires a person to seek a permit for an ADU from the locality, requires the locality to issue such permit if the person meets certain requirements enumerated in the bill, and restricts the fee for such permit to $500 or less. The bill prohibits the locality from requiring (i) dedicated parking for the ADU except in densely developed neighborhoods; (ii) setbacks for the ADU greater than that of the primary dwelling; and (iii) consanguinity or affinity between the occupants of the ADU and the primary dwelling. The bill has a delayed effective date of July 1, 2026.

Virginia Residential Landlord and Tenant Act; algorithmic device services or products prohibited; civil penalty. Prohibits the sale of algorithmic device services or products, as defined in the bill, for the purpose of setting or recommending the amount of rent to be charged to a tenant for the occupancy of a dwelling unit. The bill also prohibits a person engaged in the business of providing algorithmic device services or products for the purpose of advising a landlord of the amount of rent that such landlord may consider charging a tenant for the occupancy of a dwelling unit from using nonpublic competitor data, defined in the bill, pertaining to residential properties in the Commonwealth in algorithmic calculations. A violation of such prohibited practices is considered an unfair deceptive trade practice for which the Attorney General may cause an action to be brought in the name of the Commonwealth.

Virginia Residential Landlord and Tenant Act; adverse action by landlord; tenant remedies. Prohibits a residential landlord from taking adverse action, as defined in the bill, against a prospective tenant due to the prospective tenant's history of a dismissed, nonsuited, or expunged unlawful detainer case or an unlawful detainer case that is eligible for expungement. The bill allows a prospective tenant to recover, as a result of any such adverse action, (i) actual damages, (ii) statutory damages of $1,000, and (iii) reasonable attorney fees.

Preservation of affordable housing; definitions; civil penalty. Creates a framework for localities to preserve affordable housing by exercising a right of first refusal on publicly supported housing, defined in the bill. The bill authorizes localities to implement an ordinance that requires an owner to accept a right of first refusal offer by the locality or qualified designee, defined in the bill, in order to preserve affordable housing for at least 15 years. The bill requires that any locality adopting such an ordinance to preserve affordable housing submit an annual report to the Department of Housing and Community Development by December 31.

Virginia Residential Landlord and Tenant Act; algorithmic pricing devices; study; report. Prohibits a landlord from, for the purpose of advising the landlord of the amount of rent to charge a prospective tenant for the occupancy of a dwelling unit, using, incorporating, or training an algorithmic pricing device, defined in the bill, to restrain the rental housing market in ways that constitute an unfair method of competition. The bill grants a tenant with a reasonable belief that his landlord has violated the prohibition an opportunity to file a written complaint with the Office of the Algorithmic Rent Pricing Ombudsman, created in the bill, or to bring an action against his landlord. The bill requires a landlord who uses an algorithmic pricing device to advise him of the amount of rent to charge a prospective tenant for the occupancy of a dwelling unit to disclose the same to a tenant.The bill also directs the Virginia Housing Commission to study the deployment of algorithmic pricing devices and similar predictive technologies for the sale of housing in the Commonwealth to determine whether such devices perpetuate systemic biases prevalent in the housing market. The Commission shall report its findings and any recommendations for legislation to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology by November 1, 2026.

Manufactured Home Lot Rental Act; landlord obligations. Requires a landlord to provide a copy of any written rental agreement, the statement of tenant rights and responsibilities developed for the Manufactured Home Lot Rental Act by the Department of Housing and Community Development and posted on its website, and, if the manufactured home lot is located within an area designated as a flood plain, a written disclosure that so states to the tenant within one week of the effective date of the written rental agreement. Under current law, a landlord is required to provide a copy of any written rental agreement and the statement of tenant rights and responsibilities to the tenant within one month of the effective date of the written rental agreement. The bill also requires a fee disclosure statement to be provided on the first page of the written rental agreement under the Manufactured Home Lot Rental Act.

Local anti-rent gouging authority; civil penalty. Provides that any locality may by ordinance adopt anti-rent gouging provisions. The bill provides for notice and a public hearing prior to the adoption of such ordinance and specifies that all landlords who are under the ordinance may be required to give at least two months' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, described in the bill as the maximum amount a landlord can increase a tenant's rent during any 12-month period, in effect at the time of the increase. The bill sets such allowance as equal to the annual increase in the Consumer Price Index or seven percent, whichever is less, states that such allowance is effective for a 12-month period beginning July 1 each year, and requires the locality to publish such allowance on its website by June 1 of each year. Certain facilities, as outlined in the bill, are exempt from such ordinance. The bill also requires a locality to establish an anti-rent gouging board that will develop and implement rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance. Finally, the bill provides that a locality shall establish a civil penalty for failure to comply with the requirements set out in its ordinance.

Virginia Residential Landlord and Tenant Act; rental payment methods. Requires landlords subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by any lawful means, including check, electronic funds transfer, debit or credit card, cash, and money order. The bill also removes the provision requiring the tenant to request a written receipt after paying in the form of cash or money order and requires the landlord to provide such written receipt as a matter of law. Finally, the bill prohibits a landlord from charging a tenant any fee for the collection or processing of any payment of rent, security deposit, or any other fees.

Virginia Residential Landlord and Tenant Act; material noncompliance by landlord; rent escrow; relief. Removes the requirement that, prior to the granting of any relief, a tenant shall pay into escrow any amount of rent called for under the rental agreement. The bill requires the tenant, during the pendency of the action, to pay into escrow the amount of rent that becomes due subsequent to the initial court date called for under the rental agreement within five days of the date due under such rental agreement, unless or until such amount is modified by a subsequent order of the court. The bill also provides that a failure of the tenant to make timely payments into escrow shall not be grounds for dismissal of the underlying action but may be considered by the court when issuing an order.

Virginia Residential Landlord and Tenant Act; fee disclosure statement. Requires landlords subject to the Virginia Residential Landlord and Tenant Act to include on the first page of a written rental agreement an itemization of all charges to the tenant that comprise the security deposit and the amount of periodic rent due. Current law requires such landlords to provide a description of any rent and fees to be charged to the tenant in addition to the periodic rent. The bill also requires that such rental agreement contain the following statement immediately above such itemized list: No additional security deposits or rent shall be charged unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.

Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; emergency eviction process. Reduces from 15 to seven the number of days, after the date upon which a tenant is served a landlord's intent to terminate the tenancy due to certain illegal activities by the tenant, within which the initial hearing on the landlord's action for immediate possession of the premises shall be held. The bill also reorganizes certain provisions of the Virginia Residential Landlord and Tenant Act to consolidate language and organize the structure of certain provisions of the Act. 

Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement. Increases from five days to 14 days the mandatory waiting period after a landlord serves written notice on a tenant notifying the tenant of his nonpayment of rent and of the landlord's intention to terminate the rental agreement if rent is not paid before the landlord may pursue remedies for termination of the rental agreement.

Virginia Residential Landlord and Tenant Act; adverse action by landlord; tenant remedies. Prohibits a residential landlord from taking adverse action, as defined in the bill, against a prospective tenant due to the prospective tenant's history of a dismissed, nonsuited, or expunged unlawful detainer case or an unlawful detainer case that is eligible for expungement. The bill allows a prospective tenant to recover, as a result of any such adverse action, (i) actual damages, (ii) statutory damages of $1,000, and (iii) reasonable attorney fees.

Establishes the rental assistance voucher pilot program within the Department of Housing and Community Development for the purpose of providing direct rental assistance to qualifying households, as defined by the bill, in the form of rental assistance vouchers. The bill directs the Department to submit an annual report to the General Assembly on the implementation and impact of the rental assistance voucher program. The bill has an expiration date of July 1, 2028.

Virginia Residential Landlord and Tenant Act; early termination of rental agreement; victims of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking. Provides that a tenant who is a victim of family abuse, sexual abuse or other criminal sexual assault, stalking, or human trafficking may terminate such tenant's obligations under an active and current rental agreement if the tenant has obtained an emergency protective order or preliminary protective order or a magistrate, law-enforcement agency, grand jury, special grand jury, or court has issued a warrant, summons, information, or indictment charging any such crime. Under current law, there must be a permanent protective order or a conviction before the tenant may terminate such obligations under a rental agreement. This bill is a recommendation of the Virginia Housing Commission.

Statewide housing targets; requires localities to increase their total housing stock.Requires localities to increase their total housing stock by at least 7.5 percent over the five-year period beginning January 1, 2026. The bill provides that, in order to meet the 7.5 percent growth target, a locality shall develop a housing growth plan that best meets the needs of the locality and may include any of various listed housing growth strategies. The bill further provides that, after January 1, 2031, an applicant who seeks local government approval for a residential development that will have the effect of increasing the supply of housing in a locality and has that application rejected may, in addition to other remedies, appeal such decision to the Housing Approval Board, which shall be established by the Director of the Department of Housing and Community Development. The bill authorizes the Housing Approval Board to overturn local decisions and approve applications under certain circumstances. However, if the Housing Approval Board determines that a locality has in good faith implemented at least three of the housing growth strategies listed in the bill and has not rejected more than 25 percent of new housing development proposals over the previous five years, the Housing Approval Board shall allow the local decision to stand. Finally, the bill provides that the Housing Approval Board shall give extra weight for increases in affordable housing and for the rehabilitation of current, underutilized housing stock.

Prohibited acquisition of single family homes; affidavit; civil penalty. Restricts any partnership, corporation, or real estate investment trust that manages funds pooled from investors; is a fiduciary to such investors; has net value or assets under management on any day during a taxable year; and holds an interest in more than fifty single-family homes from acquiring any interest in any other single-family home, as defined in the bill to include manufactured home parks and single family-residential duplexes, on or after July 1, 2025. The bill also requires an offering purchaser of a manufactured home park to provide a notarized affidavit certifying that the purchaser is not prohibited from acquiring such an interest. Any false statements on such affidavit shall be subject to a civil penalty of up to $10,000 per occurrence for deposit into the Revolving Loan Fund for the Purchase of Manufactured Home Parks pursuant to the appropriation act.