HB1286: Housing Authorities Law; notice of intent to dispose of housing projects.
Be it enacted by the General Assembly of Virginia:
1. That § 36-7.2 of the Code of Virginia is amended and reenacted as follows:
§ 36-7.2. Notice of intent to demolish, liquidate, or otherwise dispose of housing projects.
A. Any housing authority required to submit an application to
the U.S. Department of Housing and Urban Development (HUD) to demolish,
liquidate, or otherwise dispose of a housing project shall serve a notice of
intent to demolish, liquidate, or otherwise dispose of such housing project
containing the requirements listed in subsection C at least 12 six
months prior to any application submission date to (i) the Virginia Department
of Housing and Community Development, (ii) any agency that would be
responsible for administering tenant-based rental assistance to persons who
would otherwise be displaced from the housing project, and (iii)
(ii) each tenant residing in the housing project.
B. The authority shall also provide notice containing the requirements listed in subsection C to any prospective tenant who is offered a rental agreement at the covered housing project subsequent to the initial notice sent pursuant to subsection A prior to the prospective tenant signing the rental agreement or paying any deposit.
C. Notice of intent to demolish, liquidate, or otherwise dispose of a housing project shall include:
1. The anticipated date upon which an application to demolish, liquidate, or otherwise dispose of the housing project will be submitted to HUD;
2. The name, address, and phone number of any the
local legal aid societies society;
3. Instructions for requesting more information pertaining to the application process, timeline, and implications for the tenant; and
4. Instructions for submitting written comment to the housing authority regarding the demolition, liquidation, or disposal of the housing project.
D. Notwithstanding the foregoing, the housing authority shall not require any tenant currently residing in such housing project to surrender possession of his unit until at least 12 months after serving the notice required by subsection A except as otherwise provided by law.
D. E. During the 12-month period subsequent to
the provision of the notice required by subsection A, the housing authority
shall not (i) increase rent for any tenant above the amount authorized by any
federal assistance program applicable to the housing project; (ii) change the
terms of the rental agreement for any tenant, except as permitted under the
existing rental agreement; or (iii) evict a tenant or demand possession
of any dwelling unit in the housing project, except for a lease violation,
including the tenant's failure to pay rent or other charges required by the
lease, or violation of law that threatens the health and safety of the
building residents; or (iv) take any action to demolish, liquidate, or
otherwise dispose of the public housing project or a portion of the public
housing project.
E. F. Any party who that is
entitled to receive notice under this section may bring a civil action to
enjoin action by the housing authority or recover actual damages for any
violation of this section, including any court costs and reasonable attorney
fees.
Be it enacted by the General Assembly of Virginia:
1. That § 36-7.2 of the Code of Virginia is amended and reenacted as follows:
§ 36-7.2. Notice of intent to demolish, liquidate, or otherwise dispose of housing projects.
A. Any housing authority required to submit an application to
the U.S. Department of Housing and Urban Development (HUD) to demolish,
liquidate, or otherwise dispose of a housing project shall serve a notice of
intent to demolish, liquidate, or otherwise dispose of such housing project
containing the requirements listed in subsection C at least 12 six
months prior to any application submission date to (i) the Virginia Department
of Housing and Community Development, (ii) any agency that would be
responsible for administering tenant-based rental assistance to persons who
would otherwise be displaced from the housing project, and (iii)
(ii) each tenant residing in the housing project.
B. The authority shall also provide notice containing the requirements listed in subsection C to any prospective tenant who is offered a rental agreement at the covered housing project subsequent to the initial notice sent pursuant to subsection A prior to the prospective tenant signing the rental agreement or paying any deposit.
C. Notice of intent to demolish, liquidate, or otherwise dispose of a housing project shall include:
1. The anticipated date upon which an application to demolish, liquidate, or otherwise dispose of the housing project will be submitted to HUD;
2. The name, address, and phone number of any the
local legal aid societies society;
3. Instructions for requesting more information pertaining to the application process, timeline, and implications for the tenant; and
4. Instructions for submitting written comment to the housing authority regarding the demolition, liquidation, or disposal of the housing project.
D. Notwithstanding the foregoing, the housing authority
shall not require any tenant currently residing in such housing project to
surrender possession of his unit until at least 12 months after serving the
notice required by subsection A except as [ may be permitted under
the lease agreement or other applicable otherwise provided by ] law.
D. E. During the 12-month period subsequent to
the provision of the notice required by subsection A, the housing authority
shall not (i) increase rent for any tenant above the amount authorized by any
federal assistance program applicable to the housing project; (ii) change the
terms of the rental agreement for any tenant, except as permitted under the
existing rental agreement; or (iii) evict a tenant or demand possession
of any dwelling unit in the housing project, except for a lease violation,
including the tenant's failure to pay rent or other charges required by the
lease, or violation of law that threatens the health and safety of the
building residents; or (iv) take any action to demolish, liquidate, or
otherwise dispose of the public housing project or a portion of the public
housing project.
E. F. Any party who that is
entitled to receive notice under this section may bring a civil action to
enjoin action by the housing authority or recover actual damages for any
violation of this section, including any court costs and reasonable attorney
fees.
HOUSE BILL NO. 1286
Be it enacted by the General Assembly of Virginia:
1. That § 36-7.2 of the Code of Virginia is amended and reenacted as follows:
§ 36-7.2. Notice of intent to demolish, liquidate, or otherwise dispose of housing projects.
A. Any housing authority required to submit an application to
the U.S. Department of Housing and Urban Development (HUD) to demolish,
liquidate, or otherwise dispose of a housing project shall serve a notice of
intent to demolish, liquidate, or otherwise dispose of such housing project
containing the requirements listed in subsection C at least
12 six
months prior to any application submission date to (i) the Virginia Department
of Housing and Community Development, (ii) any agency
that would be responsible for administering tenant-based rental assistance to
persons who would otherwise be displaced from the housing project, and (iii) (ii) each tenant residing in
the housing project.
B. The authority shall also provide notice containing the requirements listed in subsection C to any prospective tenant who is offered a rental agreement at the covered housing project subsequent to the initial notice sent pursuant to subsection A prior to the prospective tenant signing the rental agreement or paying any deposit.
C. Notice of intent to demolish, liquidate, or otherwise dispose of a housing project shall include:
1. The anticipated date upon which an application to demolish, liquidate, or otherwise dispose of the housing project will be submitted to HUD;
2. The name, address, and phone number of
any the
local legal aid societies society;
3. Instructions for requesting more information pertaining to the application process, timeline, and implications for the tenant; and
4. Instructions for submitting written comment to the housing authority regarding the demolition, liquidation, or disposal of the housing project.
D. Notwithstanding the foregoing, the housing authority shall not require any tenant currently residing in such housing project to surrender possession of his unit until at least 12 months after serving the notice required by subsection A except as may be permitted under the lease agreement or other applicable law.
D. E. During the 12-month period
subsequent to the provision of the notice required by subsection A, the housing
authority shall not (i) increase rent for any tenant above the amount
authorized by any federal assistance program applicable to the housing project;
(ii) change the terms of the rental agreement for any tenant, except as
permitted under the existing rental agreement;
or (iii) evict a tenant or demand possession of any
dwelling unit in the housing project, except for a lease violation, including the tenant's failure to pay rent or
other charges required by the lease, or violation of law
that threatens the health and safety of the building residents; or (iv) take any action to demolish, liquidate,
or otherwise dispose of the public housing project or a portion of the public
housing project.
E. F. Any
party who that
is entitled to receive notice under this section may bring a civil action to
enjoin action by the housing authority or recover actual damages for any
violation of this section, including any court costs and reasonable attorney
fees.