Virginia Residential Landlord and Tenant Act; enforcement by localities.
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HB 802 — Virginia Residential Landlord and Tenant Act; enforcement by localities.
Last action — VOTE: (48-Y 52-N)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on March 04, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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3 sponsors
1 primary, 2 co-sponsors signed on.
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Mixed recorded votes
6 passed, 1 failed in 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
Virginia Residential Landlord and Tenant Act; enforcement by localities. Provides that if a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, a locality may bring an action to enforce the landlord's duty to maintain the rental dwelling in a fit and habitable condition, provided that (i) the property where the violations occurred is within the jurisdictional boundaries of the locality; (ii) the locality has notified the landlord who owns the property directly or through the managing agent of the nature of the violations and the landlord has not remedied the violations within a reasonable time after receiving such notice to the satisfaction of the locality; and (iii) such enforcement action may include seeking an injunction, damages, or both.
Bill Text
What changed in the latest version
24 added · 37 removedPlain-language change summary
The amendment to § 55.1-1259 of the Code of Virginia allows localities to enforce landlords' responsibilities for maintaining rental properties in a fit and habitable condition if they fail to address material noncompliance issues, like inadequate heating or plumbing. The changes clarify that localities can take legal action if the property is within their jurisdiction and after notifying the landlord, provided the landlord does not remedy the situation in a reasonable time. This modification potentially strengthens the ability of local governments to respond to housing conditions that affect tenants' living situations.
SESSION HOUSEENROLLED SUBSTITUTEVIRGINIA 22105909DACTS HOUSEOF BILLASSEMBLY NO.–– CHAPTER E An Act to amend and reenact § 55.1-1259 of the Code of Virginia, relating to Virginia Residential Landlord and Tenant Act;
802 AM(Proposed by the House Committee on General Laws on February 8, 2022) (Patron Prior to Substitute––Delegate Price) A BLandlord and Tenant Act;
Virginia,R relatingO to[H Virginia802] ResidentialApproved BeL itL enacted1. by the General Assembly of Virginia:
1.
E § 55.1-1259.
omissionA. prohibited under this chapter may institute an action for injunction and damages against the person responsible for such act or omission in the circuit court in the county or city in which such act or omission occurred.
IfIn theaddition courtto findsany thatother theremedies defendantin wasthis chapter, any person adversely affected by an act or omission prohibited under this chapter may institute an action for injunction and damages against the person responsible for such act or omission,omission itin damagesthe ascircuit providedcourt in thisthe section.inuancecounty or city in which such act shall enjoin the defendant from continuance of such practice, and in its discretion award the pOaintiffplaintifft B.damages as provided in this section.
IfB. a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the adequate sewage disposal facilities, a locality may bring an action to enforce the landlord's duty to or maintain the rental dwelling unit in a fit and habitable condition, provided that:
EIf 1.a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly correctedH premises, including infestation of rodents or a lack of heat, hot or cold running water, electricity, ore adequate sewage disposal facilities, a locality may bring an action to enforce the landlord's dEty to maintain the rental dwelling unit in a fit and habitable condition, provided that:
R 1.
agent2. of the nature of the violations and the landlord has not remedied the violations within aging reasonable time after receiving such notice to the satisfaction of the locality;
andThe Slocality 3.has notified the landlord who owns the property directly or through the managing reasonable time after receiving such notice to the satisfaction of the locality;
andns within a 3.
U B S T I :
T U T E H B 1
View plain text versions (3)
- HB802ER View text Current pdf March 03, 2022
- Committee Substitute Committee substitute printed 22105909D-H1 pdf February 08, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22104059D pdf January 12, 2022
Action History
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VOTE: (48-Y 52-N)
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House sustained Governor's veto (48-Y 52-N)
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Placed on Calendar
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Vetoed by Governor
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 11, 2022
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Signed by President
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Impact statement from DPB (HB802ER)
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Signed by Speaker
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Enrolled
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Passed Senate (26-Y 14-N)
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Read third time
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Passed by for the day
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from General Laws and Technology (14-Y 0-N 1-A)
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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 (59-Y 41-N)
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Read third time and passed House (59-Y 41-N)
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Engrossed by House - committee substitute HB802H1
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Committee substitute agreed to 22105909D-H1
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Read second time
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Read first time
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Impact statement from DPB (HB802H1)
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Committee substitute printed 22105909D-H1
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Reported from General Laws with substitute (21-Y 1-N)
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned GL sub: Subcommittee #2
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Impact statement from DPB (HB802)
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Referred to Committee on General Laws
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Prefiled and ordered printed; offered 01/12/22 22104059D
Sponsors
- Marcia S. "Cia" Price · Primary
- Elizabeth B. Bennett-Parker · Cosponsor
- Nadarius E. Clark · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 2 co-sponsors · 145 not signed on · 63 voted No
Sponsors (1)
Co-sponsors (2)
Not signed on (145)
145 members have not signed on to this bill.
Show all 145 →"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 | 48 | 51 | 0 | 0 |
| Total | 48 | 51 | 0 | 0 |
| % of votes cast | 48% | 52% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 14 | 0 | 0 |
| Total | 26 | 14 | 0 | 0 |
| % of votes cast | 65% | 35% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| 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. | — | Not Voting |
| Mamie E. Locke | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Richard H. Stuart | — | Yea |
| Ruff, Frank M., Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 59 | 40 | 0 | 0 |
| Total | 59 | 40 | 0 | 0 |
| % of votes cast | 60% | 40% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 1 | 0 | 0 |
| Total | 21 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Dawn M. | — | Yea |
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Chris S. Runion | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Danica A. Roem | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Knight, Barry D. | — | Nay |
| Luke E. Torian | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Murphy, Kathleen | — | Yea |
| Paul E. Krizek | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Wampler, William C., III | — | Yea |
| Wendell S. Walker | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Betsy B. Carr | — | Yea |
| Bulova, David L. | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Emily M. Jordan | — | Yea |
| Fowler, Hyland F."Buddy," Jr. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Murphy, Kathleen | — | Yea |
| Robinson, Roxann L. | — | Yea |
| Wampler, William C., III | — | Yea |
Subjects
Frequently asked questions
- What does HB 802 do?
- Virginia Residential Landlord and Tenant Act; enforcement by localities. Provides that if a condition exists in a rental dwelling unit that constitutes a material noncompliance by the landlord with the rental agreement or with any provision of law that, if not promptly corrected, constitutes a fire hazard or serious threat to the life, health, or safety of tenants or occupants of the premises, a locality may bring an action to enforce the landlord's duty to maintain the rental dwelling in a fit and habitable condition, provided that (i) the property where the violations occurred is within the jurisdictional boundaries of the locality; (ii) the locality has notified the landlord who owns the property directly or through the managing agent of the nature of the violations and the landlord has not remedied the violations within a reasonable time after receiving such notice to the satisfaction of the locality; and (iii) such enforcement action may include seeking an injunction, damages, or both.
- Who sponsors HB 802?
- HB 802 is sponsored by Marcia S. "Cia" Price, Elizabeth B. Bennett-Parker, and Nadarius E. Clark.
- What is the current status of HB 802?
- This bill has been enacted into law. Introduced January 12, 2022. Enacted.
- Where can I track HB 802?
- Track HB 802 free on One Click Politics — get push/email alerts when it moves.
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