Housing (Landlords)

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; duties of landlord; mold remediation; civil penalty. Provides that a tenant, authorized occupant, or guest or invitee of a tenant or authorized occupant may bring a personal injury or wrongful death action for exposure to mold arising from the condition within the interior of a dwelling unit or for any property damage claims arising out of the landlord-tenant relationship to recover (i) compensatory damages, including medical bills, lost wages, and injury to personal property; (ii) punitive damages; and (iii) reasonable attorney fees and costs, if the mold is caused solely by the gross negligence or willful misconduct of the landlord or managing agent. The bill also mandates a landlord to require a tenant to temporarily vacate the dwelling unit in order for the landlord to perform mold remediation in accordance with professional standards if it has been determined by a physician or other qualified medical professional and certified by a written medical statement that the mold condition in the dwelling unit materially affects the health or safety of the tenant or any authorized occupant.

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; Manufactured Home Lot Rental Act; pre-tenancy fees. Prohibits a landlord from charging or collecting any fee that is not a pre-tenancy fee as described in the bill and limits the charging or collection of such pre-tenancy fees to either prior to or upon the execution of a rental agreement. The bill requires a landlord to, prior to requesting or collecting any payment or information about a prospective tenant and prior to exhibiting the dwelling unit to a prospective tenant, notify the prospective tenant of any pre-tenancy fees in writing or by posting in a manner accessible to a prospective tenant. The bill provides that no landlord shall charge any fee to a prospective tenant prior to exhibiting the dwelling unit to the prospective tenant, unless the prospective tenant agrees to waive such requirement.The bill allows a landlord to collect a pet deposit, defined in the bill as separate from a security deposit, from a tenant if a pet is occupying the dwelling unit. The bill provides that no security deposit or pet deposit may be applied by the landlord toward (i) the cost of professional services or (ii) the cost of materials and labor performed by the landlord or an employee of the landlord, unless such costs are (a) reasonably necessary to return the premises to the same condition as the condition of the premises at the start of the rental agreement, less reasonable wear and tear, and (b) the landlord provides a receipt reflecting such costs to the tenant. The bill also reduces from two months of rent to one month of rent the maximum security deposit amount and decreases from 45 days to 30 days the amount of time after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, that the landlord shall provide a written notice to the tenant of the itemized charges deducted from the security deposit and applies the same provisions to pet deposits.The bill also provides that nothing shall be construed to allow an owner, manager, or operator of a residential building to charge a tenant for water, sewer, electrical, natural gas, oil, or other utilities if the utility is supplied directly to the tenant.Finally, the bill applies the provisions of law relating to the rental application process and administrative or renewal fees, as amended by this bill, to the Manufactured Home Lot Rental Act.

Manufactured Home Lot Rental Act; landlord obligations. Requires a landlord to provide a copy of any written rental agreement and the statement of tenant rights and responsibilities within 10 business days of the effective date of the written rental agreement; current law requires a landlord to provide such copies within one month of such effective date. The bill outlines required notice language regarding flood insurance to be included by the landlord in the rental agreement and provides that failures of the landlord to provide notice shall not affect the validity of the rental agreement. The bill applies to rental agreements that are entered into, extended, or renewed on or after July 1, 2026.

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.

Public funding for multifamily residential housing; Virginia Residential Landlord and Tenant Act; common household pets. Requires any multifamily residential housing development receiving an investment of public funds to allow occupants to own or otherwise maintain within the occupant's dwelling unit at least one common household pet, defined in the bill, without restrictions on breed or weight below 65 pounds. The bill additionally requires any landlord subject to the Virginia Residential Landlord and Tenant Act to provide a disclosure with any application for a rental agreement containing a written copy of any terms and conditions of the rental agreement regarding an applicant's ability to own or otherwise maintain a common household pet within the dwelling unit. If such landlord maintains a website regarding the property, such terms and conditions shall additionally be published to such website. The provisions of the bill do not become effective unless reenacted by the 2027 Session of the General Assembly.

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 HB 1361.

Virginia Fair Housing Law; Virginia Residential Property Disclosure Act; Virginia Residential Landlord and Tenant Act; personalized algorithmic pricing disclosures; prohibitions; civil penalties; civil actions. Prohibits, for purposes of the Virginia Fair Housing Law and the Virginia Residential Landlord and Tenant Act (VRLTA), certain discriminatory uses of protected class data, defined in the bill, in the sale or rental of a dwelling. The bill requires, when applicable, disclosure of the use of personalized algorithmic pricing, defined in the bill, for purposes of the Virginia Residential Property Disclosure Act and the VRLTA. Under the VRLTA, the bill prohibits a landlord from facilitating an agreement between or among two or more landlords to not compete with respect to any dwelling unit, including by operating or licensing software, a data analytics service, or an algorithmic device that performs a coordinating function, defined in the bill, on behalf of or between and among such landlords. The bill also prohibits a landlord and a multiple listing service, defined in the bill, from setting or adjusting rent prices, rental agreement terms, occupancy levels, or other rental agreement terms and conditions in one or more of his dwelling units based on recommendations from software, a data analytics service, or an algorithmic device performing a coordinating function. The bill allows the Attorney General to seek an injunction and civil penalties to restrain certain violations of the bill and allows any injured individual to bring a civil action to recover the greater of actual or statutory damages and reasonable attorney fees.

Virginia Residential Landlord and Tenant Act; tenant remedies; early termination of rental agreement by military personnel. Removes the requirement that military personnel terminating a rental agreement due to identified permissible circumstances shall provide the landlord with a termination date that is no more than 60 days prior to the date of departure necessary to comply with the official orders or any supplemental instructions for interim training or duty prior to the transfer.