SB 1545 — Furloughed federal employees & contractors; civil relief.

SESSION INTRODUCEDSENATE 23105049DSUBSTITUTE I23106157D SENATE BILL NO.

1545 OfferedAMENDMENT JanuaryIN 23,THE 2023NATURE NOF A BILLSUBSTITUTE to(Proposed provideby civilthe reliefSenate forCommittee citizenson ofGeneral theLaws Commonwealthand whoTechnology areon employeesFebruary of1, or2023) contracTors(Patron forPrior theto UnitedSubstitute––Senator StatesRouse) governmentA whoBILL haveto beenamend furloughedand orreenact otherwise§ have44-209 notof receivedthe wagesCode orof paymentsVirginia, asrelating ato resultfurloughed offederal theBe partialit closureenacted ofby the federalGeneral government;Assembly of Virginia:

emergency.1.

RThat Patron––Rouse§ O44-209 ––––––––––of Unanimousthe consentCode toof introduceVirginia Dis ––––––––––amended U Referred to Committee on Commerce and Laborreenacted ––––––––––as Cfollows: Be it enacted by the General Assembly of Virginia:

E§ 1.44-209.

§Closure 1.of United States government;

Notwithstandingcivil anyrelief provision of law to the contrary, any tenant as defined in § 55.1-1200 of the Code of Virginia who is a defendant in an unlawful detainer for nonpayment of rent pursuant to D payment of money or possession of the premises shall be granted a 30-day continuance of such unlawful detainer action from the initial court date if the tenant appears on such court date and provides written proof that he was furloughed oremployees otherwise has not received or is not currently receiving wages or payments as a result of the partial closure of the United States government beginning on October 1, 2023, and iscontractors. (i) an employee of the United States government, (ii) an independent contractor for the United States government, or (iii) an employee of a company under contract with the United States government.

TheA. provisions of this section shall not apply if the landlord has filed a materialS noncompliance notice for a non-rent violation of the rental agreement or of the Code of Virgini1.

§As 2.used in this section:

NotwithstandingStates anyfederal provisiongovernment offor lawa toperiod theof contrary,14 anyconsecutive homeownerdays who,or afterlonger Octoberas 4, 2023, defaults on a noteresult that is secured by a one-family to four-family residential property lo5ated in sale under any deed of trust shall be granted a 30-daylapse stayofd ofappropriation suchthat proceedingleads ifto (i) the homeownercurtailment of orfederal requestsagency aactivities stay and providesservices, written(ii) proof to his lender that he was furloughed or otherwise has not received or is not currently receiving wages or payments as a resultshutdown of thenonessential partialoperations, closure(iii) ofnonessential theworkers Unitedbeing Statesfurloughed, government beginning on October 1, 2023, and is(iv) (i)only anessential employeeemployees ofin thedepartments Unitedcovering States government, (ii) an independent contractor for the Unitedsafety Statesof government,human life or (iii)protection an employee of aproperty companybeing underretained. contract with the United States government.

§"Written 3.proof" means (i) a paystub issued by a federal government agency showing zero dollars in earnings for a pay period within the period of any closure of the United States government, (ii) a copy nonessential, or (iii) a letter from a company under contract with the United States government issued as and signed by an officer or owner of the company or by the company's human resources director sTating that the employee's not receiving payment from the contractor is directly attributable to a closure of the United States government.

NotwithstandingE anyB. provision of law to the contrary, any owner who rents a one-family to 34 four-family residential dwelling unit located in the Commonwealth to a tenant as defined in § 55.1-1200 35 of the Code of Virginia and who, after October 1, 2023, defaults on a note that is secured by such 37 under any deed of trust shall be granted a 30-day stay of such proceeding if the owner requests a staye 38 and provides written proof to his lender that his tenant was furloughed or otherwise has not received or 39 is not currently receiving wages or payments as a result of the partial closure of the United States government beginning on October 1, 2023, and is (i) an employee of the United States government, (ii) an independent contractor for the United States government, or (iii) an employee of a company under contract with the United States government.

Notwithstanding any provision of law to the contrary, any tenant as defined in § 4.55.1-1200 who is a defendant in an unlawful detainer for nonpayment of rent pursuant to § 55.1-1245 for rent due after money or possession of the premises shall be granted a 60-day continuance of such unlawful detainer action from the initial court date if the tenant appears on such court date and provides written proof that he was furloughed or otherwise was or is not currently receiving wages or payments as a result Uf a closure of the United States government, and is (i) an employee of the a United States governmeBt agency that is experiencing a closure as defined in subsection A, (ii) an independent contractor for the a employee of a company under contract with the a United States government agency that is experiencingan a closure as defined in subsection A.

AsThe usedprovisions inof this act,subsection "writtenshall proof"not meansapply (i)if a paystub issued by a federal government agency showing zero dollars in earnings for a pay period within the periodlandlord of: the partial closure of the United States government beginning on October 1, 2023;

(ii)36 ahas copyfiled of a furloughmaterial notificationnoncompliance letternotice orfor companya undernon-rent contractviolation withof the Unitedrental Statesagreement government issued and signed by an officer or owner of from a the companyCode or37 by the company's human resources director stating that the employee's not receiving payment from the contractor is directly attributable to the partial closure of theVirginia. United States government beginning on October 1, 2023.

2.I 38 C.

ThatNotwithstanding theany provisionsprovision of thislaw actto shallthe notcontrary, applyany inhomeowner anywho, instanceafter wherethe T 39 commencement of a separate,closure signedof legalthe agreementUnited existsStates betweengovernment, defaults on a landlordnote andthat tenantis orsecured betweenbU a homeownerforeclosure andproceeding on any mortgage holderor to staythe legalexecution actionof or defersale theunder filingany deed of antrust unlawfulshall detainerbe motiongranted fora nonpayment30-day stay of rentsuch orproceeding aif foreclosurethe proceedinghomeowner, onwithin any90 mortgagedays of such closure or to90 days following the executionend of a closure of the United States government, whichever is later, requests a Etay and provides written proof to his lender that he was furloughed or saleotherwise underwas anyor deedis not currently receiving wages or payments as a result of trusta closure of the United States government, and is (i) an subsection A, (ii) an independent contractor for the a termUnited ofStates 30government daysagency that is experiencing a closure as defined in subsection A, or greater.(iii) an employee of a company under contract with the a United States government agency that is experiencing a closure as defined in subsection A.

noteD. secured by a one-family to four-family residential property, mortgage, or deed of trust.nt or 4.

ThatNotwithstanding any provision of law to the provisionscontrary, any owner who rents a one-family to four-family residential dwelling unit located in the Commonwealth to a tenant as defined in § 5S.1-1200 and who, after the commencement of thisa actclosure shallof expirethe United States government, defaults on Septembera 30,not1 2024.that execution of or sale under any deed of trust shall be granted a 30-day stay of such proceeding if the owner, within 90 days of such closure or 90 days following the end of a closure of the United States government, whichever is later, requests a stay and provides written proof to his lender that his tenant was furloughed or otherwise was or is not currently receiving wages or payments as a result of a closure of the United States government, and is (i) an employee of the a United States government agency that is experiencing a closure as defined in subsection A, (ii) an independent contractor for the a United SB1545S1 2 of 2 States government agency that is experiencing a closure as defined in subsection A, or (iii) an employee of a company under contract with the a United States government agency that is experiencing a closure as defined in subsection A.

SB1545E. 2 of 2 5.

ThatThe provisions of this section shall not (i) apply in an emergencyinstance where a separate, signed legal agreement exists between a landlord and thistenant actor ishomeowner inand forcemortgage fromholder itsto passage.stay legal action or defer the filing of an unlawful detainer motion for nonpayment of rent or foreclosure proceeding on any mortgage or to the execution of or sale under any deed of trust for a term of 30 days or greater or (ii) affect any other terms of a valid rental agreement or note secured by a one-family to four-family residential property, mortgage, or deed of trust unrelated to nonpayment of rent or default of a mortgage caused by a closure of the United States government.