Virginia 2020 Regular Session Status: Enacted

HB 99 — Va. Fair Housing Law; status as a victim of family abuse, etc.

Last action — Approved by Governor-Chapter 388 (effective 7/1/20)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 12, 2019. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 21 sponsors

    1 primary, 20 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Landlord and tenant; victims of family abuse; evidence to mitigate low credit score; damages. Allows an applicant for a lease to recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord's out-of-pocket expenses that were charged to the applicant, along with attorney fees, if the landlord does not consider evidence of the applicant's status as a victim of family abuse to mitigate any adverse effect of the otherwise qualified applicant's low credit score.

Bill Text

What changed in the latest version

298 added · 7 removed

Plain-language change summary

The recent amendment to Bill HB 99 added a section that includes a ticket for following the 2020 session's legislative actions but took out a part that provided an error message for users experiencing issues on the website. This change simplifies the user experience by making it easier to track legislation without the confusion of unnecessary error prompts. It matters because it enhances accessibility and navigation for those looking to stay informed about legislative developments.

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SESSION history | hilite | pdf | print version CHAPTER 388 An Act to amend and reenact §§ 36-96.2, 55.1-1203, and 55.1-1209 of the Code of Virginia, relating to Virginia Fair Housing Law;
Virginia Residential Landlord and Tenant Act;
status as a victim of family abuse;
evidence of eligibility to become a tenant;
confidentiality of tenant records.
[H 99] Approved March 23, 2020   Be it enacted by the General Assembly of Virginia:
1.
That §§ 36-96.2, 55.1-1203, and 55.1-1209 of the Code of Virginia are amended and reenacted as follows:
§ 36-96.2.
Exemptions.
A.
Except as provided in subdivision A 3 of § 36-96.3 and subsections A, B, and C of § 36-96.6, this chapter shall not apply to any single-family house sold or rented by an owner, provided that such private individual does not own more than three single-family houses at any one time.
In the case of the sale of any single-family house by a private individual-owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to sale, the exemption granted shall apply only with respect to one such sale within any 24-month period;
provided that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time.
The sale or rental of any such single-family house shall be exempt from the application of this chapter only if the house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of the facilities or the services of any person in the business of selling or renting dwellings, or of any employee, independent contractor, or agent of any broker, agent, salesperson, or person and (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this chapter.
However, nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title.
This exemption shall not apply to or inure to the benefit of any licensee of the Real Estate Board or regulant of the Fair Housing Board, regardless of whether the licensee is acting in his personal or professional capacity.
B.
Except for subdivision A 3 of § 36-96.3, this chapter shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.
C.
Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preferences to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, or handicap.
Nor shall anything in this chapter apply to a private membership club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
Nor, where matters of personal privacy are involved, shall anything in this chapter be construed to prohibit any private, state-owned or state-supported educational institution, hospital, nursing home, religious or correctional institution, from requiring that persons of both sexes not occupy any single-family residence or room or unit of dwellings or other buildings, or restrooms in such room or unit in dwellings or other buildings, which it owns or operates.
D.
Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in federal law.
E.
It shall not be unlawful under this chapter for any owner to deny or limit the rental of housing to persons who pose a clear and present threat of substantial harm to others or to the dwelling itself.
F.
A rental application may require disclosure by the applicant of any criminal convictions and the owner or managing agent may require as a condition of acceptance of the rental application that applicant consent in writing to a criminal record check to verify the disclosures made by applicant in the rental application.
The owner or managing agent may collect from the applicant moneys to reimburse the owner or managing agent for the exact amount of the out-of-pocket costs for such criminal record checks.
Nothing in this chapter shall require an owner or managing agent to rent a dwelling to an individual who, based on a prior record of criminal convictions involving harm to persons or property, would constitute a clear and present threat to the health or safety of other individuals.
G.
Nothing in this chapter limits the applicability of any reasonable local, state or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling.
Owners or managing agents of dwellings may develop and implement reasonable occupancy and safety standards based on factors such as the number and size of sleeping areas or bedrooms and overall size of a dwelling unit so long as the standards do not violate local, state or federal restrictions.
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Nothing in this chapter prohibits the rental application or similar document from requiring information concerning the number, ages, sex and familial relationship of the applicants and the dwelling's intended occupants.
H.
Nothing in this chapter shall prohibit a landlord from considering evidence of an applicant's status as a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant's application pursuant to subsection D of § 55.1-1203.
§ 55.1-1203.
Application;
deposit, fee, and additional information.
A.
Any landlord may require a refundable application deposit in addition to a nonrefundable application fee.
If the applicant fails to rent the unit for which application was made, from the application deposit the landlord shall refund to the applicant within 20 days after the applicant's failure to rent the unit or the landlord's rejection of the application all sums in excess of the landlord's actual expenses and damages together with an itemized list of such expenses and damages.
If, however, the application deposit was made by cash, certified check, cashier's check, or postal money order, such refund shall be made within 10 days of the applicant's failure to rent the unit if the failure to rent is due to the landlord's rejection of the application.
If the landlord fails to comply with this section, the applicant may recover as damages suffered by him that portion of the application deposit wrongfully withheld and reasonable attorney fees.
B.
A landlord may request that a prospective tenant provide information that will enable the landlord to determine whether each applicant may become a tenant.
The landlord may photocopy each applicant's driver's license or other similar photo identification, containing either the applicant's social security number or control number issued by the Department of Motor Vehicles pursuant to § 46.2-342.
However, a landlord shall not photocopy a U.S.
government-issued identification so long as to do so is a violation of 18 U.S.C.
§ 701.
The landlord may require, for the purpose of determining whether each applicant is eligible to become a tenant in the landlord's dwelling unit, that each applicant provide a social security number issued by the U.S.
Social Security Administration or an individual taxpayer identification number issued by the U.S.
Internal Revenue Service.
C.
An application fee shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant.
However, where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S.
Department of Housing and Urban Development, an application fee shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant.
D.
A landlord shall consider evidence of an applicant's status as a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant's low credit score.
In order to establish the applicant's status as a victim of family abuse, an applicant may submit to the landlord (i) a letter from a sexual and domestic violence program, a housing counselor certified by the U.S.
Department of Housing and Urban Development, or an attorney representing the applicant;
(ii) a law-enforcement incident report;
or (iii) a court order.
If a landlord does not comply with this section, the applicant may recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord's out-of-pocket expenses that were charged to the prospective tenant, along with attorney fees.
§ 55.1-1209.
Confidentiality of tenant records.
A.
No landlord or managing agent shall release information about a tenant or prospective tenant in the possession of the landlord or managing agent to a third party unless:
1.
The tenant or prospective tenant has given prior written consent;
2.
The information is a matter of public record as defined in § 2.2-3701;
3.
The information is a summary of the tenant's rent payment record, including the amount of the tenant's periodic rent payment;
4.
The information is a copy of a material noncompliance notice that has not been remedied or a termination notice given to the tenant under § 55.1-1245 and the tenant did not remain in the premises after such notice was given;
5.
The information is requested by a local, state, or federal law-enforcement or public safety official in the performance of his duties;
6.
The information is requested pursuant to a subpoena in a civil case;
7.
The information is requested by a local commissioner of the revenue in accordance with § 58.1-3901;
8.
The information is requested by a contract purchaser of the landlord's property, provided that the contract purchaser agrees in writing to maintain the confidentiality of such information;
9.
The information is requested by a lender of the landlord for financing or refinancing of the property;
10.
The information is requested by the commanding officer, military housing officer, or military attorney of the tenant;
11.
The third party is the landlord's attorney or the landlord's collection agency;
12.
The information is otherwise provided in the case of an emergency;
13.
The information is requested by the landlord to be provided to the managing agent or a successor to the managing agent;
or 14.
The information is requested by an employee or independent contractor of the United States to obtain census information pursuant to federal law.
B.
Any information received by a landlord pursuant to § 55.1-1203 shall remain a confidential tenant record and shall not be released to any person except in response to a subpoena.
C.
A tenant may designate a third party to receive duplicate copies of a summons that has been issued pursuant to § 8.01-126 and of written notices from the landlord relating to the tenancy.
Where such a third party has been designated by the tenant, the landlord shall mail the duplicate copy of any summons issued pursuant to § 8.01-126 or notice to the designated third party at the same time the summons or notice is mailed to or served upon the tenant.
Nothing in this subsection shall be construed to grant standing to any third party designated by the tenant to challenge actions of the landlord in which notice was mailed pursuant to this subsection.
The failure of the landlord to give notice to a third party designated by the tenant shall not affect the validity of any judgment entered against the tenant.
C.
D.
A landlord or managing agent may enter into an agreement with a third-party service provider to maintain tenant records in electronic form or other medium.
In such case, the landlord and managing agent shall not be liable under this section in the event of a breach of the electronic data of such third-party service provider, except in the case of gross negligence or intentional act.
Nothing in this section shall be construed to require a landlord or managing agent to indemnify such third-party service provider.
D.
E.
A tenant may request a copy of his tenant records in paper or electronic form.
If the rental agreement so provides, a landlord may charge a tenant requesting more than one copy of his records the actual costs of preparing copies of such records.
However, if the landlord makes available tenant records to each tenant by electronic portal, the tenant shall not be required to pay for access to such portal.
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Action History

  1. Approved by Governor-Chapter 388 (effective 7/1/20)

  2. Governor's Action Deadline 11:59 p.m., April 11, 2020

  3. Enrolled Bill communicated to Governor on March 6, 2020

  4. Signed by President

  5. Signed by Speaker

  6. Impact statement from DPB (HB99ER)

  7. Enrolled

  8. Passed Senate (40-Y 0-N)

  9. Read third time

  10. Constitutional reading dispensed (32-Y 0-N)

  11. Reported from General Laws and Technology (13-Y 0-N)

  12. Referred to Committee on General Laws and Technology

  13. Constitutional reading dispensed

  14. VOTE: Passage (80-Y 20-N)

  15. Read third time and passed House (80-Y 20-N)

  16. Impact statement from DPB (HB99H2)

  17. Engrossed by House - committee substitute HB99H2

  18. Substitute by Delegate Simon agreed to 20108069D-H2

  19. Committee on General Laws substitute rejected 20107595D-H1

  20. Read second time

  21. Floor substitute printed 20108069D-H2 (Simon)

  22. Passed by for the day

  23. Passed by for the day

  24. Read first time

  25. Reported from General Laws with substitute (21-Y 1-N)

  26. Committee substitute printed 20107595D-H1

  27. House committee, floor amendments and substitutes offered

  28. Subcommittee recommends reporting with substitute (7-Y 0-N)

  29. House subcommittee amendments and substitutes offered

  30. Impact statement from DPB (HB99)

  31. Assigned GL sub: Housing/Consumer Protection

  32. Referred to Committee on General Laws

  33. Prefiled and ordered printed; offered 01/08/20 20100448D

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 20 co-sponsors · 127 not signed on · 20 voted No

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Yea
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 32008
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Chafin, A. Benton "Ben" — Yea
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Yea
Spruill, Lionell, Sr. — Yea
Barbara A. Favola — Yea
Barker, George L. — Yea
Bell, John J. — Yea
Bill DeSteph — Not Voting
Bryce E. Reeves — Not Voting
Chase, Amanda F. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Dunnavant, Siobhan S. — Not Voting
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Not Voting
Kiggans, Jennifer A. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
Mason, T. Montgomery "Monty" — Yea
Newman, Stephen D. — Not Voting
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Not Voting
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ruff, Frank M., Jr. — Yea
Ryan T. McDougle — Yea
Saslaw, Richard L. — Yea
Scott A. Surovell — Not Voting
Todd E. Pillion — Yea
Vogel, Jill Holtzman — Not Voting
William M. Stanley, Jr. — Yea

Official roll call →

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)

Official roll call →

VOTE: Passage (80-Y 20-N)

Passed 79 Yea · 20 Nay
Party YeaNayPresentNot Voting
Unaffiliated 792000
Total 792000
% of votes cast 80%20%0%0%
How each member voted (99)
Member Party Vote
Brewer, Emily M. — Yea
Collins, Christopher E. — Yea
Lindsey, Joseph C. — Yea
Adams, Dawn M. — Yea
Adams, Les R. — Nay
Aird, Lashrecse D. — Yea
Alfonso H. Lopez — Yea
Askew, Alex Q. — Yea
Avoli, G. "John" — Yea
Ayala, Hala S. — Yea
Batten, Amanda E. — Nay
Bell, Robert B. — Yea
Betsy B. Carr — Yea
Bourne, Jeffrey M. — Yea
Bulova, David L. — Yea
Byron, Kathy J. — Nay
C.E. Cliff Hayes, Jr. — Yea
Campbell, Jeffrey L. — Nay
Campbell, Ronnie R. — Yea
Carroll Foy, Jennifer D. — Yea
Carter, Lee J. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Nay
Christopher T. Head — Yea
Cole, Mark L. — Nay
Convirs-Fowler, Kelly K. — Yea
Cox, M. Kirkland — Yea
Coyner, Carrie E. — Nay
Dan I. Helmer — Yea
Danica A. Roem — Yea
David A. Reid — Yea
Davis, Glenn R. — Yea
Delores L. McQuinn — Yea
Don Scott — Yea
Edmunds, James E., II — Yea
Fariss, C. Matthew — Nay
Fowler, Hyland F."Buddy," Jr. — Nay
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Yea
Gooditis, Wendy W. — Yea
Guy, Nancy D. — Yea
Guzman, Elizabeth R. — Yea
Heretick, Steve E. — Yea
Hudson, Sally L. — Yea
Hurst, Chris L. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jeion A. Ward — Yea
Jenkins, Clinton L. — Yea
Jones, Jerrauld C. "Jay" — Yea
Joseph P. McNamara — Nay
Joshua G. Cole — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Keam, Mark L. — Yea
Knight, Barry D. — Yea
Kory, Kaye — Yea
LaRock, Dave A. — Nay
Lamont Bagby — Yea
Levine, Mark H. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Nay
McGuire, John J., III — Nay
Michael J. Webert — Yea
Miyares, Jason S. — Yea
Mugler, Martha M. — Yea
Mullin, Michael P. — Yea
Murphy, Kathleen — Yea
Orrock, Robert D., Sr. — Nay
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Plum, Kenneth R. — Yea
Poindexter, Charles D. — Nay
R. Lee Ware — Yea
Ransone, Margaret B. — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Robinson, Roxann L. — Nay
Rodney T. Willett — Yea
Rush, Nick — Nay
Sam Rasoul — Yea
Samirah, Ibraheem S. — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Wyatt — Nay
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Subramanyam, Suhas — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas C. Wright, Jr. — Yea
Tony O. Wilt — Yea
Tyler, Roslyn C. — Yea
Vivian E. Watts — Yea
Wampler, William C., III — Yea
Wendell S. Walker — Yea

Official roll call →

Passed 21 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21100
Total 21100
% of votes cast 95%5%0%0%
How each member voted (22)

Official roll call →

Passed 7 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Total 7002
% of votes cast 78%0%0%22%
How each member voted (9)
Member Party Vote
Brewer, Emily M. — Yea
Aird, Lashrecse D. — Yea
Betsy B. Carr — Yea
Bulova, David L. — Not Voting
Convirs-Fowler, Kelly K. — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Thomas C. Wright, Jr. — Not Voting
Wampler, William C., III — Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 99 do?
Landlord and tenant; victims of family abuse; evidence to mitigate low credit score; damages. Allows an applicant for a lease to recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord's out-of-pocket expenses that were charged to the applicant, along with attorney fees, if the landlord does not consider evidence of the applicant's status as a victim of family abuse to mitigate any adverse effect of the otherwise qualified applicant's low credit score.
Who sponsors HB 99?
HB 99 is sponsored by Marcia S. "Cia" Price, Danica A. Roem, Vivian E. Watts, Rodney T. Willett, Joseph D. Morrissey, Sam Rasoul, Joshua G. Cole, Karrie K. Delaney, Patrick A. Hope, Alfonso H. Lopez, Kimberly Pope Adams, Michael J. Jones, Levine, Mark H., Kory, Kaye, Jenkins, Clinton L., Gooditis, Wendy W., Carter, Lee J., Aird, Lashrecse D., Murphy, Kathleen, Edwards, John S., and Samirah, Ibraheem S..
What is the current status of HB 99?
This bill has been enacted into law. Introduced December 12, 2019. Enacted.
Where can I track HB 99?
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