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 and upon proper evidence presented, the tenant shall recover actual damages, the greater of $5,000 or four months' rent, and reasonable attorney fees.
Sponsored bills
Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives. Makes several changes to the Standards of Quality, including requiring the establishment of units in the Department of Education to oversee work-based learning and principal mentorship statewide in Standard 1 and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) establishing schoolwide ratios of students to teachers in certain schools with high concentrations of poverty and granting flexibility to provide compensation adjustments to teachers in such schools; (ii) requiring each school board to assign licensed personnel in a manner that provides an equitable distribution of experienced, effective teachers and other personnel among all schools in the local school division; (iii) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (iv) requiring state funding in addition to basic aid to support at-risk students and granting flexibility in the use of such funds by school boards; (v) lowering the ratio of English language learner students to teachers; (vi) requiring each school board to employ reading specialists and establishing a student-to-position ratio for such specialists; (vii) requiring school boards to employ one full-time principal in each elementary school; (viii) lowering the ratio of students to assistant principals and school counselors in elementary, middle, and high schools; and (ix) requiring each school board to provide at least four specialized student support positions, including school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, per 1,000 students.
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.
Enslaved Ancestors College Access ScholarshipProgram established. Establishes the Enslaved Ancestors CollegeAccess Scholarship Program, whereby Longwood University, the University of Virginia, Virginia Commonwealth University, the Virginia MilitaryInstitute, and The College of William and Mary in Virginia are requiredto annually provide, starting in the 2022-2023 academic year and with any source of funds other than state funds or tuition or fee increases,to at least one African American Virginia student who was born inthe Commonwealth and has a total household income that is not morethan 400 percent of the federal poverty guidelines a renewable scholarshipin an amount sufficient to cover tuition, mandatory fees, room andboard, books and other educational supplies, and tutoring at the institution. The bill requires the State Council of Higher Educationfor Virginia to collaborate with such institutions to establish guidelinesfor the implementation of the Program and to annually collect informationon the implementation of the Program from such institutions and reportsuch information to the Chairmen of the House Committee on Appropriations,the House Committee on Education, the Senate Committee on Educationand Health, the Senate Committee on Finance and Appropriations, and the Virginia African American Advisory Board.
Paid sick leave. Requires employers to provide certain employees paid sick leave. An employee is eligible for paid sick leave under the bill if the employee is an essential worker and works on average at least 20 hours per week or 90 hours per month. The bill provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick leave in a year, unless the employer selects a higher limit. The bill provides that earned paid sick leave may be used for (i) an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care or (ii) care of a family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a family member who needs preventive medical care. The bill prohibits employers from taking certain retaliatory actions against employees related to leave. The bill provides for a hardship waiver for employers that demonstrate that providing paid sick leave threatens the financial viability of the employer, jeopardizes the ability of the employer to sustain operations, significantly degrades the quality of the employer's business operations, or creates a significant negative financial impact on the employer. The bill requires the Commissioner of Labor and Industry to promulgate regulations that (a) identify workers as essential based on the categories listed in the bill; (b) include reasonable requirements for recordkeeping, confidentiality, and notifying employees of their rights under provisions of the bill; (c) establish complaint, investigation, and enforcement procedures that include fines, not to exceed $500, for violations of provisions of the bill; (d) establish requirements for compensation and accrual of paid sick leave for employees employed and compensated on a fee-for-service basis; and (e) include procedures and requirements for an employer to qualify for a hardship waiver. The provisions of the bill do not apply to a retail business with fewer than 25 employees.
Department of Motor Vehicles; privilegedinformation. Limits the release of Department of Motor Vehicles(DMV) privileged information to government entities and law-enforcementagencies for the purpose of civil immigration enforcement unless (i) the subject of the information provides consent or (ii) the requesting agency presents a lawful judicial order, judicial subpoena, or judicial warrant. The bill requires the DMV to notify the subject of therequest that such a request was made and the identity of the entitythat made the request. The bill requires any entity receiving privileged information from the DMV to enter into a written agreement withthe DMV prior to such release of such information and prohibits anyentity from rereleasing any such DMV information to any third partyunless explicitly permitted to do so in the entity's agreement withthe DMV. The bill contains requirements for any such written agreementbetween the DMV and the Department of State Police.
Get Skilled, Get a Job, Give Back (G3) Fundand Program established. Establishes the Get Skilled,Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher educationthat leads to an occupation in a certain high-demand field. The billcontains provisions for student eligibility, financial assistanceaward amounts, and data reporting.
Board of Local and Regional Jails; review servicesprovided to inmates during pregnancy, pregnancy termination, labor and delivery, and postpartum recovery; report. Directsthe Board of Local and Regional Jails (the Board), in consultationwith a stakeholder work group, to (i) identify and analyze all obstetricand gynecological services and any other services provided by localand regional jails to inmates during pregnancy, pregnancy termination,labor and delivery, and postpartum recovery; (ii) compare such servicesto best practices recommended by the American Correctional Association,American Jail Association, National Commission on Correctional HealthCare, and American College of Obstetricians and Gynecologists; and(iii) develop recommendations to ensure that proper services areprovided to inmates during pregnancy, pregnancy termination, laborand delivery, and postpartum recovery. The bill directs the Boardto (a) post its findings and recommendations on its website and reportsuch findings and recommendations to the Secretary of Public Safety and Homeland Security and the Chairmen of the Senate Committee onthe Judiciary, Senate Committee on Rehabilitation and Social Services,House Committee for Courts of Justice, and House Committee on PublicSafety by July 1, 2022, and (b) adopt regulations consistent withits findings and recommendations.
Vehicle registration; special communicationneeds indicator. Expands eligibility for a special communicationneeds indicator on a vehicle registration to vehicle owners whosevehicle is regularly occupied by an individual who has a disabilitythat can impair communication. Current law authorizes those vehicleowners who have a disability that can impair communication to applyfor such an indicator. The bill authorizes the removal of such indicatorby request in writing to the Department of Motor Vehicles.
Virginia Highway Corporation Act; alteration of certificate of authority; powers and duties of the State Corporation Commission. Requires any application for a transfer, extension, or amendment of a certificate of authority issued under the Virginia Highway Corporation Act to include information demonstrating the financial fitness of the entity applying to operate the roadway. The bill requires an applicant for a toll increase to provide a forward-looking analysis return that will be reviewed by the Department of Transportation that demonstrates that the proposed rates will be reasonable to the user in relation to the benefit obtained, not likely to materially discourage use of the roadway, and provide the operator no more than a reasonable return. The bill also prohibits the State Corporation Commission from authorizing a toll increase if these criteria are not met or if the proposed increase is for more than one year. The bill requires an operator to receive approval from the Commission prior to refinancing any existing debt.