Prohibited discrimination; status as activemilitary or a military spouse. Prohibits discrimination in publicaccommodations, employment, and housing on the basis of a person'sstatus as active military or a military spouse.
Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19, an incubation period consistent with COVID-19, and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to December 31, 2021, the claimant received a positive diagnosis of COVID-19 from a licensed physician, after either a presumptive positive test or a laboratory-confirmed test for COVID-19, and presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person's physician determines in writing that immunization would pose a significant risk to the person's health.
Virginia Residential Landlord and Tenant Act; landlord remedies; landlord's acceptance of rent with reservation; tenant's right of redemption. Prohibits a landlord from accepting full payment of rent, as well as any damages, money judgment, award of attorney fees, and court costs, from a tenant and receiving an order of possession pursuant to an unlawful detainer action and proceeding with eviction, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord. Under current law, a landlord may accept full or partial payment of all rent and receive an order of possession pursuant to an unlawful detainer action and proceed with eviction, provided that he has stated in a written notice to the tenant that any and all amounts owed to the landlord by the tenant, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, would be accepted with reservation and would not constitute a waiver of the landlord's right to evict the tenant from the dwelling unit. The bill provides specific language that must be included within such notice, and requires a landlord who elects to seek possession of the dwelling unit to provide a copy of the notice to the court for service to the tenant along with the summons for unlawful detainer. The bill also allows tenants to exercise the right of redemption in unlawful detainer actions an unlimited number of times. Under current law, tenants may only exercise the right of redemption once during any 12-month period of continuous residency in the dwelling unit, regardless of the term of the rental agreement or any renewal term of the rental agreement. The bill directs the Director of the Department of Housing and Community Development (Director) to develop a sample termination notice to be maintained on the Department of Housing and Community Development's (Department) website that includes language referencing acceptance of rent with reservation by a landlord following a breach of a lease by a tenant, and requires the Department to convene a stakeholder group to provide input to the Director regarding the development of such sample termination notice.
U.S. Route 1; "Emancipation Highway." Renames any section of U.S. Route 1 in Virginia that is designated as "Jefferson Davis Highway" to "Emancipation Highway." The bill has a delayed effective date of January 1, 2022.
Workers' compensation; presumption of compensability for certain diseases. Provides that the occupational disease presumption for death caused by hypertension or heart disease will apply for salaried or volunteer emergency medical services personnel who have at least five years of service and are operating in a locality that has legally adopted a resolution declaring that it will provide one or more of such presumptions. This bill incorporates HB 2080.
Virginia Housing Development Authority; workgroup to establish Virginia Good Neighbor Next Door program.Directs the Virginia Housing Development Authority to convene a stakeholderwork group to establish a plan for the creation of a Virginia GoodNeighbor Next Door program, similar to the Good Neighbor Next Doorprogram administered by the U.S. Department of Housing and UrbanDevelopment, to provide financial incentives for law-enforcementofficers, firefighters, emergency medical services personnel, andteachers to purchase homes within designated revitalization areasin the localities in which they are employed. The bill requires thework group to report its findings and recommendations, includingany legislative recommendations, to the Governor and the Chairmenof the House Committee on General Laws and the Senate Committee onGeneral Laws and Technology no later than July 1, 2022.
Study; gold mining; prohibition on permitting;report. Directs the Secretary of Natural Resources, the Secretaryof Health and Human Resources, and the Secretary of Commerce andTrade to conduct a study of the mining of gold in the Commonwealth.The bill requires that the study be conducted in consultation withthe Virginia Council on Environmental Justice and appropriate stakeholders,including experts in mining, hydrology, toxicology, and other fields;environmental organizations; representatives of potentially affectedcommunities in localities with significant deposits of gold; and residentsof Native American communities in such counties. Thebill provides that the study shall evaluate the impacts of gold miningon public health, safety, and welfare; evaluate whether existing air and water quality regulations are sufficient; consider which processingand beneficiation techniques, including cyanide heap leaching andcyanide vat leaching, should be permitted; consider whether the dewateringof an open pit mine should be permitted; make a recommendation asto whether the issuance of any permit to operate a gold mine shouldbe prohibited; and report its findings to the General Assembly byJuly 1, 2023. The bill also prohibits the issuance of any permitby the Department of Mines, Minerals and Energy to operate a goldmine of an area larger than 10 acres until July 1, 2024.
Virginia Residential Landlord and Tenant Act; tenant remedies for exclusion from dwelling unit, interruption of services, or actions taken to make premises unsafe. Provides that a general district court shall enter an order upon petition by a tenant that his landlord has (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation. The bill allows entry of a preliminary order ex parte to require the landlord to allow the tenant to recover possession of the dwelling unit, resume any such interrupted essential service, or fix any willful actions taken by the landlord or his agent to make the premises unsafe for habitation if there is good cause to do so and the tenant made reasonable efforts to notify the landlord of the hearing. The bill requires that any ex parte order entered shall further indicate a date for a full hearing on the petition that is no later than 10 days from the initial hearing date. Finally, the bill provides that, at a full hearing on such petition, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.
Certain school board property; establishment of gun-free zone permitted. Permits any school board to deem any non-school zone property that it owns or leases as a gun-free zone and prohibit any individual from knowingly possessing, purchasing, transferring, carrying, storing, or transporting firearms, ammunition, or components or combination thereof while such individual is upon such property, except certain individuals such as law-enforcement officers and qualified retired law-enforcement officers.
Virginia Residential Landlord and Tenant Act;landlord charges for security deposits, insurance premiums for damageinsurance, and insurance premiums for renter's insurance; filingof information regarding resident agent appointed by nonresidentproperty owner. Prohibits a landlord from requiring a tenantto pay a security deposit, insurance premiums for damage insurance,and insurance premiums for renter's insurance prior to the commencementof the tenancy that exceed the amount of two months' periodic rent.The bill permits a landlord, however, to add a monthly amount asadditional rent to recover additional costs of such damage insuranceor renter's insurance premiums. The bill also removes provisions allowing a landlord to permit a tenant to provide damage insurance coveragein lieu of the payment of a security deposit. Finally, the bill requiresnonresident property owners to file the name and office address ofthe agent appointed by such nonresident property owner in the officeof the clerk of the State Corporation Commission. Under current law,such information must be filed in the office of the clerk of thecourt in which deeds are recorded in the county or city in whichthe property lies.
