Housing

Manufactured Home Lot Rental Act; right of first refusal; resident entities and localities. Provides for a right of first refusal, under the Manufactured Home Lot Rental Act, for resident entities, defined in the bill, and localities in which a manufactured home park is located when a manufactured home park owner enters into a contract to sell such manufactured home park.

State Corporation Commission to determine maximum fees for disconnection of utility service for nonpayment. Directs the State Corporation Commission (the Commission) to determine, in the next relevant cost recovery proceeding for certain utilities, the maximum allowable amount of fees for disconnection and reconnection such utilities may charge to residential customers disconnected from service due to nonpayment of bills or fees. The bill defines "utility" as an electric company, natural gas supplier, or water supplier or wastewater service provider subject to the Commission's regulation.

Manufactured Home Lot Rental Act. Requires landlords subject to the Manufactured Home Lot Rental Act to include, on the first page of a written lot rental agreement, an itemization of all charges to the tenant, along with a statement that states: "No additional security deposits or rent shall be charged unless such security deposits or rent are listed below or incorporated into this rental agreement by way of a separate addendum after the execution of this rental agreement." The bill also prohibits, with certain exceptions, any owner or operator of a manufactured home community from increasing the annual lot rent of a tenant at the time of renewal if the manufactured housing community has received a notice of violation of zoning, building, or fire code or an inspection report listing violations of habitability from the locality where the community operates and the notice of violation remains unresolved. Lastly, the bill requires any manufactured home community operating in the Commonwealth to register with the Department of Housing and Community Development.

Virginia Residential Landlord and Tenant Act; noncompliance as defense to action for possession for nonpayment of rent. Removes the provision requiring that a tenant in possession of a dwelling unit, prior to asserting a defense against an action for rent or possession, pay into court the amount of rent found by the court to be due and unpaid and for such amount to be held by the court pending the issuance of an order. The bill also limits the discretion of the court in actions for possession based upon nonpayment of rent and actions for rent by a landlord when the tenant is in possession of a dwelling unit.

Virginia Residential Landlord and Tenant Act; civil action for unlawful detainer; termination notice; energy submetering equipment. Provides that no landlord shall file or maintain an action for unlawful detainer against a residential tenant for any alleged lease violation until the landlord has provided the tenant with a proper and effective termination notice and that no notice of termination of tenancy for nonpayment of rent pursuant to the Virginia Residential Landlord and Tenant Act shall be effective unless such notice contains a written statement of charges and payments over the course of the tenancy or the past 12 months, whichever is shorter, and any late charges, attorney fees, costs, and other charges or damages as contracted for in the rental agreement that are due and owing. The bill requires such notice to also include debits and credits incurred by the tenant for energy and utility bills and any additional charges permitted as applicable. The bill also requires the owner of any residential building to maintain adequate records indicating how monthly energy and utility billing fees are calculated and including a history of billing fee payments for each tenant over the duration of the tenancy or the past 12 months, whichever is shorter. Such records shall be made available to the tenant upon request. Finally, the bill removes a provision allowing for the collection of fees when a tenant requests such records. The bill has a delayed effective date of July 1, 2027. This bill is identical to SB 294.

Virginia Residential Landlord and Tenant Act; Eviction Diversion Program; eligibility. Requires any general district court that implements the Eviction Diversion Program to attach information about the Program, including eligibility criteria, to any summons for unlawful detainer. The bill also alters eligibility requirements for a tenant to participate in the Program. This bill is identical to HB 837.

Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; tenant records. Requires a landlord, upon written request by a tenant, to within 10 business days provide such tenant a statement containing all charges and payments incurred by the tenant over the duration of the tenancy or the past 12 months, whichever is shorter. The bill specifies that such statement shall itemize separately rent and the cost of each utility and that the landlord is not obligated to provide such written statement if the landlord owns fewer than four rental dwelling units or less than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth unless the landlord receives any state or local rental or utility assistance funds on behalf of the tenant. The bill additionally directs the Department of Housing and Community Development to, based on input from relevant stakeholders, develop a standardized printable template for the landlord to use to provide the tenant such written statement. The bill has a delayed effective date of July 1, 2027.

Virginia Residential Landlord and Tenant Act; essential services. Adds central air conditioning when supplied by the landlord and operating or represented as operating as of the effective date of the rental agreement to the list of what constitutes an essential service for purposes of the Virginia Residential Landlord and Tenant Act.

Summons for unlawful detainer; additional information; legal resources; plain-language overview of process. Provides that any summons for an unlawful detainer issued may, with the approval of the chief judge of the general district court or the chief judge of the circuit court, have attached additional information prepared by the Commonwealth, the locality in which the unlawful detainer hearing is to be held, or a nonprofit organization serving the jurisdiction in which such hearing is to be held regarding (i) legal resources available to the plaintiff and defendant, (ii) a plain-language overview of the unlawful detainer process, and (iii) the Eviction Diversion Program eligibility and applicability.

Virginia Residential Landlord and Tenant Act; rental payment methods; prohibited fees. Requires a landlord subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by check and money order. The bill additionally prohibits such a landlord from requiring a tenant to pay any fee to submit periodic rent payments or other amounts due in excess of the actual out-of-pocket expenses charged to the landlord by a third party to process a payment. Finally, the bill prohibits a landlord from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant's violation of the Virginia Residential Landlord and Tenant Act. This bill is identical to SB 313.