Housing (Tenant Rights)

Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.

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 SB 273.

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.

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.

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; 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.

Department of Housing and Community Development; Eviction Reduction Program; report. Establishes the Eviction Reduction Program within the Department of Housing and Community Development to expand the Department's work to (i) promote housing stability, (ii) identify factors that contribute to eviction filings, and (iii) provide interventions to prevent or divert evictions. The bill requires the Department to report annually to the General Assembly regarding the Program. The bill directs the Department to develop and include in its report criteria and guidelines necessary to administer the Program in consultation with stakeholders, including Eviction Diversion Program grantees as identified by the Department. This bill is identical to HB 527.

Virginia Residential Landlord and Tenant Act; algorithmic pricing device use by certain landlords; civil penalties. Requires a landlord, defined in the bill as a landlord who owns more than 10 rental dwelling units or more than a 10 percent interest in more than 10 rental dwelling units, whether individually or through a business entity, in the Commonwealth, who uses an algorithmic pricing device, defined in the bill, to establish the advertised rent, renewal rent, or rent offered to a prospective tenant to disclose such use in writing to the tenant or the prospective tenant under the Virginia Residential Landlord and Tenant Act. The bill provides that, upon request, a landlord shall provide to the tenant or prospective tenant a plain-language summary of the general factors considered by the algorithmic pricing device in determining rent, and that a tenant or prospective tenant shall be entitled to a human review of any rent determination or renewal increase generated or recommended by an algorithmic pricing device. The bill allows the Attorney General to seek an injunction and civil penalties to restrain any violations of the bill.

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 90 days' written notice of a rent increase and cannot increase the rent by more than the locality's calculated allowance, not to exceed three percent, and states that such allowance is effective for a 12-month period beginning July 1 each year. The bill 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 adopting an anti-rent gouging ordinance to establish an anti-rent gouging board to establish rules and procedures by which landlords may apply for and be granted exemptions from the rent increase limits set by the ordinance or delegate such duties and functions to an existing local board, department, or agency. The bill also requires the anti-rent gouging board to establish a fair return on investment rent increase exemption to the annual anti-rent gouging allowance where necessary to offset increased operating expenses. 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; terms and conditions of rental agreement; notice of rent increase. Requires 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 to provide a tenant with written notice of any increase in rent for the subsequent rental agreement term at least 90 days prior to the end of such term and to include in such notice a deadline, which shall be no sooner than 30 days after such notice is delivered, by which the tenant shall advise the landlord of whether the tenant will renew the rental agreement. The bill has a delayed effective date of January 1, 2027.