Housing

Virginia Residential Landlord and Tenant Act; enforcement by localities. Provides that if a condition exists in a dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not remedied within a reasonable time frame, constitutes a fire hazard or serious threat to the life, health, or safety of a tenant or occupant of the premises, a locality may institute an action on behalf of any tenant or occupant of the premises who is injured by such material noncompliance for injunction and damages to enforce the landlord's duty to maintain the dwelling unit in a fit and habitable condition, provided that (i) the premises where the violation occurred is within the jurisdictional boundaries of the locality and (ii) the locality has notified the landlord who owns the premises, either directly or through the managing agent, of the nature of the violation and the landlord has failed to remedy the violation to the satisfaction of the locality within a reasonable time after receiving such notice. This bill is identical to SB 290.

Department of Housing and Community Development; Income-Qualified Energy Efficiency and Weatherization Task Force established; report. Directs the Department of Housing and Community Development to establish, in collaboration with the Department of Energy, and with assistance from the Department of Social Services, the Income-Qualified Energy Efficiency and Weatherization Task Force to determine barriers to access and enrollment in the current energy efficiency programs for income-qualified energy customers and to evaluate and develop a plan to address any necessary improvements regarding coordination among state and federal government agencies for utility services and resources to more effectively deliver energy-efficient housing, weatherization resources, and energy efficiency upgrades for income-qualified individuals and households in the Commonwealth. The bill requires the Task Force to meet at least six times between July 1, 2026, and September 30, 2027, and to submit a report of its findings and recommendations no later than September 30, 2027. The bill specifies that such report shall include policy recommendations and a plan to ensure that weatherization-ready repairs and whole-home energy efficiency retrofits are provided to all eligible income-qualified individuals and households in the Commonwealth residing in multifamily buildings, single-family dwellings, and manufactured homes by December 31, 2034. This bill is identical to SB 5.

Virginia Residential Landlord and Tenant Act; application; notice, deposit, fee, and additional information. Provides that, prior to requesting or collecting any payment or information about a prospective tenant, a landlord shall first notify the applicant in writing or by posting in a manner accessible to a prospective tenant certain information relating to the rental application process. The bill has a delayed effective date of January 1, 2027.

Minimum off-street parking requirements in certain areas. Provides that a locality shall not require, as a condition of zoning approval, minimum off-street parking for residential, multifamily, or mixed-use development located within a designated area, as defined in the bill, in amounts exceeding (i) 0.5 parking spaces per dwelling unit for multifamily or mixed-use residential development and (ii) one parking space per dwelling unit for one-family and two-family dwellings and townhouses. The bill also provides that no locality shall adopt or enforce any provision of a zoning ordinance that imposes minimum off-street parking requirements for residential, multifamily, or mixed-use development located within a designated area in excess of such limitations. The bill further provides that any locality with a population greater than 20,000 shall, by ordinance, provide for an administrative reduction of minimum off-street parking requirements of not less than 20 percent for residential, multifamily, or mixed-use development proposed on parcels not located within a designated area. This bill incorporates HB 262.

Virginia Residential Landlord and Tenant Act; landlord remedies; noncompliance with rental agreement; payment plan. 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, before terminating a rental agreement due to nonpayment of rent if the exact amount of rent owed is less than or equal to one month's rent plus any late charges contracted for in the rental agreement and as provided by law, to serve upon such tenant a written notice informing the tenant of the exact amount due and owed and offer the tenant a payment plan under which the tenant must pay the exact amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement. The bill prohibits the landlord from charging any additional late fees during the payment plan period in connection with the unpaid rental amount for which the tenant entered into the payment plan so long as the tenant makes timely payments in accordance with the terms of the payment plan. The bill also outlines the remedies a landlord has if a tenant fails to pay the exact amount due and owed or enter into a payment plan within five days of receiving notice or if a tenant enters into a payment plan and after such plan becomes effective fails to pay rent when due or fails to make a payment under the terms of the agreed-upon payment plan. The bill has a delayed effective date of January 1, 2027.

Department of Housing and Community Development; loans for the construction of mixed income housing; report. Directs the Department of Housing and Community Development, in collaboration with the Virginia Housing Development Authority, to create a two-year pilot program that would provide loan origination and servicing activities for mixed income housing and submit a report on its findings to the General Assembly by November 1 of each year of the pilot program. The bill provides that any funding for the pilot program, subject to the appropriation act, shall be utilized from up to 15 percent of the annual deposit made to the Virginia Housing Trust Fund. This bill is identical to HB 820 and SB 490.

Department of Housing and Community Development; loans for the construction of mixed income housing; report. Directs the Department of Housing and Community Development, in collaboration with the Virginia Housing Development Authority, to create a two-year pilot program that would provide loan origination and servicing activities for mixed income housing and submit a report on its findings to the General Assembly by November 1 of each year of the pilot program. The bill provides that any funding for the pilot program, subject to the appropriation act, shall be utilized from up to 15 percent of the annual deposit made to the Virginia Housing Trust Fund. This bill is identical to HB 196 and SB 490.

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. The bill has a delayed effective date of January 1, 2027.

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.

Virginia Residential Landlord and Tenant Act; fire or casualty damage; termination by landlord. Requires a landlord, prior to giving a tenant 21 days' notice of his intention to terminate the rental agreement for a dwelling unit that has been damaged or destroyed by fire or casualty, to (i) make a reasonable effort to meet with the tenant to discuss reasonable alternatives and offer the tenant a substantially similar dwelling unit, if one is available, or (ii) determine that the damage was caused by the tenant's failure to maintain the dwelling unit in accordance with relevant law. Current law allows the landlord to terminate such agreement by giving the tenant 14 days' notice of his intention to terminate on the basis of the landlord's determination that such damage requires the removal of the tenant and that the use of the premises is substantially impaired. The bill requires the landlord, upon receiving a request from the tenant after the tenant has received such notice, to reevaluate the extent of damage and habitability of such dwelling unit unless the landlord has determined that the damage was caused by the tenant's failure to maintain the dwelling unit. The bill has a delayed effective date of January 1, 2027.