Landlord and tenant; noncompliance with rental agreement, reporting negative credit information. (HB5106)

Introduced By

Del. Josh Cole (D-Stafford) with support from 11 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Lamont Bagby (D-Richmond), Del. Kelly Fowler (D-Virginia Beach), Del. Clinton Jenkins (D-Suffolk), Del. Kaye Kory (D-Falls Church), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), Del. Cia Price (D-Newport News), Del. Sam Rasoul (D-Roanoke), Del. Ibraheem Samirah (D-Herndon), Del. Don Scott (D-Portsmouth)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Landlord and tenant; noncompliance with rental agreement; prohibition on using negative credit information arising from the COVID-19 pandemic against applicants for tenancy; penalty. Provides that 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 shall not take any adverse action against an applicant for tenancy based solely on payment history or an eviction for nonpayment of rent that occurred during the period beginning on March 12, 2020, and ending 30 days after the expiration or revocation of any state of emergency declared by the Governor related to the COVID-19 pandemic. 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 upon payment history or an eviction based on nonpayment of rent that occurred during the proscribed period. 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. The bill permits a tenant or applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
08/21/2020Presented and ordered printed with emergency clause 20200742D
08/21/2020Referred to Committee on General Laws
08/24/2020House committee, floor amendments and substitutes offered
08/24/2020Reported from General Laws with substitute (11-Y 8-N)
08/24/2020Committee substitute printed 20200990D-H1
08/24/2020Reported from General Laws with substitute (12-Y 8-N) (see vote tally)
08/26/2020Read first time
08/27/2020Passed by for the day
08/28/2020House committee, floor amendments and substitutes offered
08/28/2020Read second time
08/28/2020Committee substitute agreed to 20200990D-H1
08/28/2020Amendment by Delegate Simon agreed to
08/28/2020Amendments by Delegate Convirs-Fowler agreed to
08/28/2020Engrossed by House - committee substitute with amendments HB5106EH1
08/28/2020Printed as engrossed 20200990D-EH1
08/28/2020Emergency clause deleted
09/03/2020Read third time and passed House (54-Y 44-N)
09/03/2020VOTE: Passage Emergency (54-Y 44-N) (see vote tally)
09/03/2020VOTE: Passage (54-Y 44-N) (see vote tally)
09/04/2020Constitutional reading dispensed
09/04/2020Referred to Committee on General Laws and Technology
09/08/2020Impact statement from DPB (HB5106EH1)
09/18/2020Senate committee, floor amendments and substitutes offered
09/18/2020Reported from General Laws and Technology with amendments (8-Y 3-N 3-A) (see vote tally)
09/24/2020Constitutional reading dispensed (35-Y 0-N) (see vote tally)
09/25/2020Read third time
09/25/2020Reading of amendments waived
09/25/2020Committee amendments #'s 1,2,4,5 agreed to
09/25/2020Committee amendment #3 rejected
09/25/2020Reading of amendment waived
09/25/2020Amendment by Senator Barker agreed to
09/25/2020Engrossed by Senate as amended
09/25/2020Passed Senate with amendments (20-Y 16-N) (see vote tally)
09/29/2020Passed by for the day
10/02/2020Placed on Calendar
10/02/2020Senate amendments rejected by House (0-Y 97-N)
10/02/2020VOTE: Adoption (0-Y 97-N) (see vote tally)
10/07/2020Senate insisted on amendments (22-Y 12-N) (see vote tally)
10/07/2020Senate requested conference committee
10/07/2020House acceded to request
10/07/2020Conferees appointed by House
10/07/2020Delegates: Cole, J.G., Bulova, Morefield
10/07/2020Conferees appointed by Senate
10/07/2020Senators: Barker, Ebbin, Reeves
10/14/2020C Amended by conference committee
10/14/2020Conference substitute printed 20201355D-H2
10/14/2020Passed by temporarily
10/14/2020Conference report rejected by Senate (1-Y 37-N) (see vote tally)
10/14/2020Conference report rejected by House (0-Y 33-N)
10/14/2020Senate requested second conference committee (28-Y 9-N) (see vote tally)
10/14/2020House acceded to request for second conference committee
10/14/2020Second conferees appointed by House
10/14/2020Delegates: Cole, J.G., Bulova, Morefield
10/14/2020Senate insisted on amendment (28-Y 9-N) (see vote tally)
10/14/2020Conference report rejected by House (0-Y 90-N)
10/14/2020VOTE: Rejected (0-Y 90-N) (see vote tally)
10/16/2020Second conferees appointed by Senate
10/16/2020Senators: Barker, Ebbin, Reeves
10/16/2020C Amended by conference committee
10/16/2020Second Conference substitute printed 20201382D-H3
10/16/2020Conference report agreed to by Senate (22-Y 14-N) (see vote tally)
10/16/2020Conference report agreed to by House (Y-57 N-42)
10/16/2020VOTE: Agreed To (57-Y 42-N) (see vote tally)
10/27/2020Impact statement from DPB (HB5106H3)
10/28/2020Enrolled
10/28/2020Impact statement from DPB (HB5106H3)
10/28/2020Bill text as passed House and Senate (HB5106ER)
10/28/2020Signed by Speaker
10/30/2020Signed by President
10/30/2020Enrolled Bill communicated to Governor on October 30, 2020
10/30/2020G Governor's Action Deadline 11:59 p.m., November 6, 2020
11/02/2020Impact statement from DPB (HB5106ER)
11/05/2020Governor's recommendation received by House
11/09/2020House concurred in Governor's recommendation (55-Y 43-N)
11/09/2020Senate concurred in Governor's recommendation (23-Y 16-N) (see vote tally)
11/09/2020G Governor's recommendation adopted
11/09/2020Reenrolled bill text (HB5106ER2)
11/09/2020G Approved by Governor-Chapter 47 (Per article IV, Section 13, this bill will be effective on the
11/09/20201st day of the 4th month following the month of adjournment, sine die, of this special session)
11/09/2020VOTE: Adoption (55-Y 43-N)
11/09/2020Reenrolled
11/09/2020Signed by Speaker as reenrolled
11/09/2020Signed by President as reenrolled
11/09/2020Enacted, Chapter 47 (effective 3/1/21)
11/09/2020G Acts of Assembly Chapter text (CHAP0047)