Virginia 2017 Regular Session Status: Enacted

SB 966 — Residential rental property.

Last action — Approved by Governor-Chapter 67 (effective 7/1/17)

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

This bill has been enacted into law. Introduced January 03, 2017. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 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

Provides that if a residential dwelling unit is foreclosed upon and a tenant is lawfully occupying the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill also provides that, if there is in effect at the date of the foreclosure sale a written property management agreement between the landlord and a real estate licensee licensed pursuant to the provisions of § 54.1-2106.1, the foreclosure shall convert the property management agreement into a month-to-month agreement between the successor landlord and the real estate licensee acting as a managing agent, except in the event that the terms of the original property management agreement between the landlord and the real estate licensee acting as a managing agent require an earlier termination date. Except in the event of foreclosure, the bill permits a real estate licensee acting on behalf of a landlord client as a managing agent who elects to terminate the property management agreement to transfer any funds held in escrow by the licensee to the landlord client without his consent, provided that the real estate licensee provides written notice to each tenant that the funds have been so transferred. The bill provides that, in the event of foreclosure, a real estate licensee shall not transfer any funds to a landlord client whose property has been foreclosed upon. The bill provides immunity, in the absence of gross negligence or intentional misconduct, to any such licensee acting in compliance with the provisions of § 54.1-2108.1. The bill clarifies that a tenant residing in a dwelling unit that has been foreclosed upon is eligible to file an assertion pursuant to § 55-225.12 and that a court may order any moneys accumulated in escrow to be paid to the successor landlord or the successor landlord's managing agent, if any.

Bill Text

What changed in the latest version

39 added · 38 removed

Plain-language change summary

The recent amendment to SB 966 clarifies the rules around property management agreements when a rental property is foreclosed. Specifically, it establishes that these agreements automatically switch to month-to-month contracts with the new landlord, unless the original agreement specifies a different end date. This change provides clearer guidelines for tenants and property managers, ensuring they understand their rights and responsibilities during ownership transitions, especially in foreclosure situations.

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SESSION history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 54.1-2108.1 and 55-225.12 of the Code of Virginia, relating to residential rental property;
SESSION history | hilite | pdf | print version CHAPTER 67 An Act to amend and reenact §§ 54.1-2108.1 and 55-225.12 of the Code of Virginia, relating to residential rental property;
[S 966] Approved   Be it enacted by the General Assembly of Virginia:
[S 966] Approved February 20, 2017   Be it enacted by the General Assembly of Virginia:
View plain text versions (4)

Action History

  1. Approved by Governor-Chapter 67 (effective 7/1/17)

  2. Governor's Action Deadline Midnight, February 22, 2017

  3. Enrolled Bill Communicated to Governor on 2/15/17

  4. Signed by President

  5. Signed by Speaker

  6. Enrolled

  7. Passed House BLOCK VOTE (97-Y 0-N)

  8. Read third time

  9. Read second time

  10. Referred to Committee for Courts of Justice

  11. Read first time

  12. Placed on Calendar

  13. Engrossed by Senate - committee substitute SB966S1

  14. Committee substitute agreed to 17104907D-S1

  15. Reading of substitute waived

  16. Read second time

  17. Referred to Committee on General Laws and Technology

  18. Prefiled and ordered printed; offered 01/11/17 17102231D

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 145 not signed on

Sponsors (1)

Not signed on (145)

145 members have not signed on to this bill.

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"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 House BLOCK VOTE

Passed 97 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 97000
Total 97000
% of votes cast 100%0%0%0%
How each member voted (97)
Member Party Vote
Albo — Yea
Cole — Yea
Edmunds — Yea
Filler-Corn — Yea
Freitas — Yea
Gilbert — Yea
Habeeb — Yea
LaRock — Yea
Landes — Yea
LeMunyon — Yea
Levine — Yea
Miyares — Yea
Orrock — Yea
Plum — Yea
Tyler — Yea
Villanueva — Yea
Bell, John J. — Yea
Bell, Richard P. — Yea
Bell, Robert B. — Yea
Cox — Yea
Jones — Yea
Marshall, D.W. — Yea
Marshall, R.G. — Yea
Bourne — Yea
Bulova — Yea
Byron — Yea
Cline — Yea
Collins — Yea
Dudenhefer — Yea
Fariss — Yea
Farrell — Yea
Greason — Yea
Helsel — Yea
Heretick — Yea
Hester — Yea
Holcomb — Yea
Hugo — Yea
Ingram — Yea
James — Yea
Keam — Yea
Kory — Yea
Lindsey — Yea
Lingamfelter — Yea
Loupassi — Yea
Massie — Yea
Miller — Yea
Mr. Speaker — Yea
Minchew — Yea
Mullin — Yea
Murphy — Yea
O'Bannon — Yea
Peace — Yea
Pogge — Yea
Ransone — Yea
Robinson — Yea
Rush — Yea
Stolle — Yea
Toscano — Yea
Yancey — Yea
Yost — Yea
Alfonso H. Lopez — Yea
Barry D. Knight — Yea
Betsy B. Carr — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Christopher T. Head — Yea
Delores L. McQuinn — Yea
Hyland F. "Buddy" Fowler, Jr. — Yea
Israel D. O'Quinn — Yea
James A. "Jay" Leftwich — Yea
James W. Morefield — Yea
Jeion A. Ward — Yea
Jennifer B. Boysko — Yea
Jessica L. Anderson — Yea
Kimberly Pope Adams — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Mark D. Sickles — Yea
Michael J. Webert — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
R. Lee Ware — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Sam Rasoul — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Yea
Thomas C. Wright, Jr. — Yea
Todd E. Pillion — Yea
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Will Davis — Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 966 do?
Provides that if a residential dwelling unit is foreclosed upon and a tenant is lawfully occupying the dwelling unit at the time of the foreclosure, the foreclosure shall act as a termination of the rental agreement by the landlord. The bill also provides that, if there is in effect at the date of the foreclosure sale a written property management agreement between the landlord and a real estate licensee licensed pursuant to the provisions of § 54.1-2106.1, the foreclosure shall convert the property management agreement into a month-to-month agreement between the successor landlord and the real estate licensee acting as a managing agent, except in the event that the terms of the original property management agreement between the landlord and the real estate licensee acting as a managing agent require an earlier termination date. Except in the event of foreclosure, the bill permits a real estate licensee acting on behalf of a landlord client as a managing agent who elects to terminate the property management agreement to transfer any funds held in escrow by the licensee to the landlord client without his consent, provided that the real estate licensee provides written notice to each tenant that the funds have been so transferred. The bill provides that, in the event of foreclosure, a real estate licensee shall not transfer any funds to a landlord client whose property has been foreclosed upon. The bill provides immunity, in the absence of gross negligence or intentional misconduct, to any such licensee acting in compliance with the provisions of § 54.1-2108.1. The bill clarifies that a tenant residing in a dwelling unit that has been foreclosed upon is eligible to file an assertion pursuant to § 55-225.12 and that a court may order any moneys accumulated in escrow to be paid to the successor landlord or the successor landlord's managing agent, if any.
Who sponsors SB 966?
SB 966 is sponsored by Mark D. Obenshain, Mason, T. Montgomery "Monty", and Lewis, Lynwood W., Jr..
What is the current status of SB 966?
This bill has been enacted into law. Introduced January 03, 2017. Enacted.
Where can I track SB 966?
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