HB 1908 — Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement, etc.
Last action — Defeated by Senate (19-Y 20-N)
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.
Bill Text
- Prefiled Prefiled and ordered printed; offered 01/13/21 21101428D Current html January 09, 2021
Action History
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Defeated by Senate (19-Y 20-N)
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Read third time
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Passed by for the day
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Reconsideration of defeated action agreed to by Senate (39-Y 0-N)
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Defeated by Senate (19-Y 20-N)
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Read third time
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Constitutional reading dispensed (32-Y 0-N)
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Reported from General Laws and Technology (8-Y 5-N 2-A)
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Continued to 2021 Sp. Sess. 1 in General Laws and Technology (14-Y 0-N)
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Referred to Committee on General Laws and Technology
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Constitutional reading dispensed
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VOTE: Passage (57-Y 42-N)
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Read third time and passed House (57-Y 42-N)
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Impact statement from DPB (HB1908)
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Read second time and engrossed
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Read first time
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Reported from General Laws (14-Y 7-N)
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Referred to Committee on General Laws
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Prefiled and ordered printed; offered 01/13/21 21101428D
Sponsors
- Dan I. Helmer · Primary
- Jr. C.E. Cliff Hayes · Cosponsor
- Joshua G. Cole · Cosponsor
- Marcia S. "Cia" Price · Cosponsor
- Kelly K. Convirs-Fowler · Cosponsor
- Kathleen Murphy · Cosponsor
- Mark L. Cole · Cosponsor
- Clinton L. Jenkins · Cosponsor
- Nancy D. Guy · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 8 co-sponsors · 139 not signed on · 62 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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 20 | 0 | 0 |
| Total | 19 | 20 | 0 | 0 |
| % of votes cast | 49% | 51% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| 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 | — | Nay |
| Bryce E. Reeves | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Dunnavant, Siobhan S. | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| Vogel, Jill Holtzman | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 1 |
| Total | 38 | 0 | 0 | 1 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| 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 | — | Not Voting |
| 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 19 | 20 | 0 | 0 |
| Total | 19 | 20 | 0 | 0 |
| % of votes cast | 49% | 51% | 0% | 0% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| 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 | — | Nay |
| Bryce E. Reeves | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| David R. Suetterlein | — | Nay |
| David W. Marsden | — | Yea |
| Dunnavant, Siobhan S. | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Nay |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Nay |
| Norment, Thomas K., Jr. | — | Nay |
| Petersen, J. Chapman | — | Nay |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Nay |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Nay |
| Vogel, Jill Holtzman | — | Nay |
| William M. Stanley, Jr. | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 7 |
| Total | 32 | 0 | 0 | 7 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (39)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 5 | 0 | 2 |
| Total | 8 | 5 | 0 | 2 |
| % of votes cast | 53% | 33% | 0% | 13% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Not Voting |
| Dunnavant, Siobhan S. | — | Nay |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Nay |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Ruff, Frank M., Jr. | — | Nay |
| Todd E. Pillion | — | Nay |
| Vogel, Jill Holtzman | — | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bryce E. Reeves | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 56 | 42 | 0 | 1 |
| Total | 56 | 42 | 0 | 1 |
| % of votes cast | 57% | 42% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 7 | 0 | 1 |
| Total | 14 | 7 | 0 | 1 |
| % of votes cast | 64% | 32% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Aird, Lashrecse D. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Cole, Mark L. | — | Yea |
| Convirs-Fowler, Kelly K. | — | Yea |
| Emily M. Jordan | — | Nay |
| Fowler, Hyland F."Buddy," Jr. | — | Nay |
| Hurst, Chris L. | — | Yea |
| James A. "Jay" Leftwich | — | Nay |
| James W. Morefield | — | Nay |
| Kathy K.L. Tran | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Nay |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Nay |
| Wampler, William C., III | — | Not Voting |
Subjects
Frequently asked questions
- What does HB 1908 do?
- Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; prohibition on using negative credit information that arose during a closure of the United States Government against certain applicants for tenancy; penalty. Prohibits a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth from taking any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during a closure of the United States government when such applicant was a directly affected individual, defined as an individual who was furloughed or otherwise did not receive payments as a result of a closure of the United States government and was (i) an employee of the United States government, (ii) an independent contractor of the United States government, or (iii) an employee of a company under contract with the United States government. If such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based solely on payment history or an eviction based on nonpayment of rent that occurred during the proscribed period when such applicant was a directly affected individual. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period and that such applicant was a directly affected individual. The bill permits an applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.
- Who sponsors HB 1908?
- HB 1908 is sponsored by Dan I. Helmer, C.E. Cliff Hayes, Jr., Joshua G. Cole, Marcia S. "Cia" Price, Kelly K. Convirs-Fowler, Murphy, Kathleen, Cole, Mark L., Jenkins, Clinton L., and Guy, Nancy D..
- What is the current status of HB 1908?
- This bill died with 2021 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 1908?
- Track HB 1908 free on One Click Politics — get push/email alerts when it moves.
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