Va. Residential Landlord and Tenant Act; affordable housing, criminal record screening model policy.
Summary
Department of Housing and Community Development; Virginia Residential Landlord and Tenant Act; affordable housing; criminal record screening model policy. Requires the Director of the Department of Housing and Community Development, with input from a stakeholder group convened by the Department of Housing and Community Development, to develop a criminal record screening model policy for admitting or denying an applicant for affordable housing covered under the Virginia Residential Landlord and Tenant Act in accordance with the U.S. Department of Housing and Urban Development's guidance on the application of the federal Fair Housing Act and maintain such model policy on its website. The bill prohibits a landlord of an affordable housing unit from basing an adverse action, in whole or in part, on an applicant's criminal or arrest record unless the landlord does so in accordance with the criminal record screening model policy developed by the Department of Housing and Community Development and posted on its website and provides the applicant with a written copy of such policy. The provisions of the bill other than the creation of the stakeholder group have a delayed effective date of January 1, 2026.
Bill status
vetoed
4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
House of Delegates Passage
Feb 2025
Senate Passage
Feb 2025
Vetoed
Mar 2025
Introduced Jan 3, 2025
Vetoed Mar 24, 2025
Maddy AI version diff · 3 comparisons
What changed between versions
General Laws Substitute
→
Engrossed
·
4 edits
·
Feb 18, 2025
MODERATE
This bill adds a new requirement for landlords of affordable housing to not ask about or use criminal records unless they follow a specific state policy, and it expands the list of organizations involved in creating that policy. It also sets a future effective date for the law's provisions.
Scope change
The bill expands the scope of landlord obligations by prohibiting initial inquiries into criminal records for affordable housing applicants, whereas the previous version only restricted how adverse actions were taken based on such records.
REQUIREMENT
Landlords of affordable housing are now prohibited from inquiring about or requiring disclosure of an applicant's criminal or arrest record, adding a new layer of protection before any screening occurs.
The requirement to follow a criminal record screening model policy was expanded to cover the entire process, including the initial decision to inquire about or base actions on criminal history.
A new stakeholder group member, the Home Builders Association of Virginia, was added to the committee developing the criminal record screening policy.
TIMELINE
The effective date for the provisions of this act was set to January 1, 2026.
Floor votes · Senate Feb 7, 2025 · House of Delegates Jan 20, 2025
How they voted
38–0
Passed · 2 other
Total votes 40
Feb 7, 2025
D
Democratic21
100% Yea
R
Republican19
89% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
12
Committee
4
Amendments
5
Apr 2, 2025
Vetoed
House sustained Governor's veto
lower
Mar 24, 2025
Vetoed
Vetoed by Governor
executive
Feb 20, 2025
Upper · Passed
Signed by President
upper
Feb 18, 2025
Lower · Passed
Signed by Speaker
lower
Feb 18, 2025
Lower · Passed
Bill text as passed House and Senate (HB1638ER)
lower
Feb 13, 2025
Lower · Passed
Senate Amendment agreed to by House (Y-53 N-44 A-0)
lower
Feb 12, 2025
Lower · Passed
Passed by for the day
lower
Feb 10, 2025
Upper · Passed
Passed Senate with amendment (23-Y 15-N)
upper
Feb 10, 2025
Introduced
Engrossed by Senate as amended
upper
Feb 10, 2025
Upper · Passed
General Laws and Technology Amendment agreed to
upper
Feb 7, 2025
Upper · Passed
Passed by for the day
upper
Feb 5, 2025
Upper · Passed
Reported from General Laws and Technology with amendment (13-Y 0-N)
upper
Jan 21, 2025
Committee
Referred to Committee on General Laws and Technology
upper
Jan 20, 2025
Lower · Passed
Read third time and passed House (50-Y 47-N)
lower
Jan 17, 2025
Introduced
Engrossed by House as amended
lower
Jan 17, 2025
Lower · Passed
General Laws Amendments agreed to
lower
Jan 14, 2025
Lower · Passed
Reported from General Laws with amendment(s) (12-Y 10-N)
lower
Jan 3, 2025
Committee
Referred to Committee on General Laws
lower
1 primary · 7 co-sponsors
Sponsors
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