HB 1078 Virginia House of Delegates · 2026 Regular Session

Virginia Residential Landlord and Tenant Act; adverse action by landlord, tenant remedies.

Summary
Virginia Residential Landlord and Tenant Act; adverse action by landlord; tenant remedies. Prohibits a residential 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 from taking adverse action against a prospective tenant due to the prospective tenant's history of a dismissed or nonsuited unlawful detainer case. The bill allows a prospective tenant to recover, as a result of any such adverse action, (i) actual damages, (ii) statutory damages of $250, and (iii) reasonable attorney fees.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House of Delegates Passage
Feb 2026
Senate Passage
Mar 2026
Governor
Introduced Jan 14, 2026 Last action Mar 14, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 5 edits · Feb 9, 2026
MODERATE
This bill was amended from its original introduced version to an engrossed version with several substantive changes to tenant protections and landlord obligations. The changes modify how landlords must consider family abuse victims' credit scores, alter the scope of unlawful detainer case protections, and adjust statutory damages for violations. These amendments expand tenant protections while clarifying certain exemptions and reducing penalties in specific scenarios.
Scope change
The bill's scope remains focused on Virginia's Residential Landlord and Tenant Act, specifically § 55.1-1203 regarding application fees, deposits, and adverse action by landlords. The changes primarily affect how landlords must treat applicants with family abuse histories and how certain eviction history protections apply.
REQUIREMENT

The requirement for landlords to consider family abuse victim status when evaluating credit scores was modified to also consider negative rental payment history as a mitigating factor, though this was bracketed as a potential deletion in the final version.

A new provision was added stating that nothing in the subsection precludes landlords from lawfully considering an applicant's rental payment history, clarifying that the family abuse protection does not eliminate all consideration of payment history.

ELIGIBILITY

The protection against adverse action for dismissed or nonsuited unlawful detainer cases was modified to remove the explicit inclusion of cases eligible for expungement under § 8.01-130.01, though this was also bracketed as a potential deletion.

ENFORCEMENT

Statutory damages for landlord violations were reduced from $1,000 to $250, though this change was bracketed as a potential deletion in the final version.

TECHNICAL

The document format changed from 'Introduced' to 'Engrossed' with updated session information, patron designation, and formatting adjustments including line numbers and amendment tracking.

Floor votes · Senate Mar 6, 2026 · House of Delegates Feb 9, 2026

How they voted

380
Passed · 1 other
Total votes 39
Mar 6, 2026
D Democratic20
20 Yea
100% Yea
R Republican19
18 Yea 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
10
Committee
10
Amendments
2
Mar 11, 2026
Committee
Recommitted to General Laws and Technology
upper
Mar 10, 2026
Upper · Passed
Passed by for the day
upper
Mar 9, 2026
Upper · Passed
Passed by for the day
upper
Mar 6, 2026
Upper · Passed
Passed by for the day Block Vote (Voice Vote)
upper
Mar 4, 2026
Upper · Passed
Reported from General Laws and Technology with amendment (9-Y 6-N)
upper
Mar 3, 2026
Upper · Passed
Senate committee offered
upper
Feb 25, 2026
Committee
Assigned GL&T sub: Housing
upper
Feb 10, 2026
Committee
Referred to Committee on General Laws and Technology
upper
Feb 9, 2026
Lower · Passed
Read third time and passed House (62-Y 35-N 0-A)
lower
Feb 6, 2026
Introduced
Engrossed by House as amended
lower
Feb 6, 2026
Lower · Passed
committee amendments agreed to
lower
Feb 3, 2026
Lower · Passed
Reported from General Laws with amendment(s) (16-Y 5-N)
lower
Feb 3, 2026
Lower · Passed
House committee offered
lower
Jan 29, 2026
Lower · Passed
Subcommittee recommends reporting (5-Y 4-N)
lower
Jan 26, 2026
Committee
Assigned HGL sub: Housing/Consumer Protection
lower
Jan 14, 2026
Committee
Referred to Committee on General Laws
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Phil Hernandez
Phil Hernandez
DDemocratic
VA
94