FTC Warning to Multifamily Owners: “Are you managing a rental property? Lessons from the FTC’s lawsuit against Greystar”
Federal Trade Commission, Bureau of Consumer Protection Staff- December 8, 2025

“Price can be one of the most important factors people consider when looking for housing. But what happens when the rental price advertised doesn’t represent the price your tenants end up paying? According to the FTC’s recent settlement with Greystar — the largest owner and operator of rental apartments in the country — the answer is: nothing good.

More than a third of Americans rent their homes. They should be able to see what their monthly costs will be up front so they can properly plan and budget for their families. If you’re a property manager, a property management software provider, own a rental property, or advertise rental properties:

• Know that advertising a rental price that excludes mandatory charges is a violation of the law. So advertise the total cost of renting your unit up front. Consumers shouldn’t have to wait until they sign a lease or get their first month’s bill to learn what it will actually cost to live in a rental.
  

• Do a thorough compliance check. Review your website and advertisements to confirm they honestly advertise a rental’s price, including any mandatory fees at the property. That includes working with your third-party vendors to make sure they’re accurately advertising the rental price on all their platforms.
  

• Know that the FTC is reviewing harmful practices in the rental housing market and will not hesitate to take action against landlords taking advantage of Americans’ housing needs by hiding mandatory fees. “

Click here to read the full post from the BCP.

IMPORTANT: HUD Secretary Publishes Letter on Screening Criminal Responsibilities
The Office of Multifamily Housing Programs has announced that Secretary Scott Turner has published a letter on screening criminal responsibilities. 

The U.S. Department of Housing and Urban Development (HUD) has rescinded: 

Notice 2015-19, “Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions”; 

2016 memo from HUD’s Office of General Counsel on “Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions”; and 

2022 memo from HUD’s Office of Fair Housing and Equal Opportunity on “Implementation of the Office of General Counsel’s Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions” on background screening.

Please view the Screening Criminal Responsibilities Letter for additional information.

READ: Consumer Protection Act Mandatory Fees and Surcharges  
VAMA has recently learned that a piece of legislation enacted during the 2024 General Assembly session, which was intended to apply only to online purchases such as concert and event tickets, hotel reservations, car rentals, and food delivery orders (e.g., DoorDash), has now been mistakenly and/or erroneously applied to rental housing–related transactions as well.

As you may be aware, most—but not all—consumer transactions related to the Virginia Residential Landlord and Tenant Act are excluded from the Virginia Consumer Protection Act.

§ 59.1-199. Exclusions.
Nothing in this chapter shall apply to:

5. Any aspect of a consumer transaction that is subject to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) or Chapter 14 (§ 55.1-1400 et seq.) of Title 55.1, unless the act or practice of a landlord constitutes a misrepresentation or fraudulent act or practice under § 59.1-200 .

However, when you drill down to § 59.1-200 , you will note that:

§ 59.1-200. Prohibited practices.

A. The following fraudulent acts or practices committed by a supplier in connection with a consumer transaction are hereby declared unlawful:

86. Violating any provision of Chapter 58 (§ 59.1-607 et seq.)

When we finally arrive at Chapter 58 , it states in pertinent part:

§ 59.1-608. Mandatory fees or surcharges; disclosure required.

A. No supplier shall, in connection with a consumer transaction, advertise or display a price for goods or services without clearly and conspicuously displaying the total price, which shall include all mandatory fees or surcharges. A supplier that provides both a good and a service to consumers may comply with this section by displaying or advertising the total price of the good separately from the total price or rate charged for providing the service.

As you know, § 55.1-1204.1 of the Virginia Residential Landlord and Tenant Act requires an itemization of all charges to the tenant that comprise (i) the security deposit, (ii) the amount of rent due per payment period pursuant to the lease period, and (iii) any additional one-time charges due prior to the commencement date of the rental agreement or that will be included in the first rental payment. Although § 55.1-1204.1 does apply to the rental agreement, please note that, in our opinion, it does not likewise constitute compliance with the aforesaid sections of the Virginia Consumer Protection Act and its incorporation of the Mandatory Fees and Surcharges code sections.

Therefore, in plain English, the intent of § 59.1-608 is to require any supplier of goods or services (a lease is a good or service) to clearly display the total price for purchasing such goods or services. To that end, we strongly advise all VAMA members to consult with your advertising providers and with your counsel to ensure that your advertising complies with these cited provisions of the VCPA.

If you have additional questions, please feel free to contact the VAMA office at (804) 756-8262 or via email to patrick@vamaonline.org or erika@vamaonline.org .

VAMA Lobby Day Registration Deadline 1/7/26 
1/21/26 - 1/22/26 at Richmond Marriott - 500 E Broad St, Richmond, VA 23219

VAMA’s Lobby Day is our annual advocacy event in Richmond, where members meet with Virginia legislators at the Virginia Capitol to discuss key issues affecting rental housing and advance our legislative priorities. Participating in this two-day event is one of the most effective ways to leverage your membership to make a meaningful impact for our industry!

Wednesday, January 21st
1:30 PM - 2:45 PM Introductions and Keynote: Making the Case for Smart Housing Policy: A Guide to More Persuasive Conversations with Policymakers - Teo Nicolais, Lecturer in Urban Planning and Design, Harvard Graduate School of Design
3:15 PM - 5:00 PM Overview of 2026 Legislation and Lobby Day “How To” 
5:30 PM - 7:30 PM Lobby Day Reception and VAMA Officer Induction

Thursday, January 22nd
General Assembly VAMA Member Meetings (times individualized)

Click Here to Register for VAMA Lobby Day 2026

Calling all Affordable Housing Practitioners: Webinar on Tax Assessments
The Virginia Housing Alliance (VHA) would like to invite affordable housing practitioners in Virginia to a virtual webinar on Tuesday, December 16th to learn about recent changes to Virginia’s state code related to property tax assessments of affordable housing. 

During the 2025 General Assembly, VAMA and the VHA successfully advocated for HB2245 , which clarified the manner in which tax assessors are required to value affordable housing and how affordable housing providers can submit relevant information to assessors to ensure greater accuracy. We want to make sure the affordable housing community in Virginia is aware of the changes in this bill before it goes into effect on January 1st.

Attendance is free, but registration is required. This event will be recorded and made available to all who register. Feel free to share this information with colleagues or coworkers, but keep in mind that this is intended only for an audience of affordable housing practitioners in Virginia.

Register for Webinar

Questions? Email Isabel McLain at imclain@vahousingalliance.org.

CVA Resource: Richmond Eviction Diversion Program 
Are your residents struggling to pay rent or facing eviction? The City of Richmond’s Eviction Diversion Program provides financial assistance, guidance, and support to help eligible tenants stay in their homes.

Southside Community Development & Housing Corporation will work with both residents and housing providers to prevent eviction, ensuring you have the resources and information needed to maintain stable housing.

Main Eligibility Requirements for the Eviction Diversion Program: 

• Must live in the City of Richmond & attend the first court date.
• Must have received a written nonpayment notice or a Summons for Unlawful Detainer.
• Must have proof of income & ability to contribute to rent balance.
• Rent payment must be no more than 50% of gross household income.
• Unpaid rent balance can’t exceed more than two months.

To access the full list of eligibility requirements and the application, please visit the Southside Community Development & Housing Corporation website or download the attached PDF.

Mark Your Calendars for NAA’s December Advocacy and Legal Webinar
NAA will host its final Advocacy and Legal Webinar of the year on Wednesday, December 17, 2025, at 2:00 PM. Members are encouraged to attend to stay informed on the latest rental housing news, legal updates, and national trends.

Please remember that you must register in advance to obtain the login credentials; slides will be made available to attendees following the event. Past webinars are available at the NAA Advocacy and Legal Webinar Youtube playlist. 

Please direct any questions you may have regarding the webinar to Emma Craig at ecraig@naahq.org.

RRHA Landlord Educational Meeting Recap
The meeting commenced with a resounding theme of commitment to fostering stronger relationships and enhancing communication channels between Richmond Redevelopment and Housing Authority and its landlord partners, recognizing the challenges posed by a shortage of manpower at the RRHA. Representatives expressed a shared dedication to simplifying processes to ensure smoother interactions moving forward, emphasizing the importance of cooperation and understanding amidst resource constraints.

Key insights from the meeting included discussions about future collaboration opportunities, with a notable suggestion from VAMA to host RRHA at a forthcoming Q&A event (info to follow!) to facilitate open dialogue and address any queries or concerns that our members may have directly with RRHA representatives. Another significant announcement was RRHA's transition towards filing Housing Assistance Payment (HAP) paperwork and managing rent increases through the RRHA Online Landlord Portal by June 2024. 

VAMA eagerly anticipates deepening its relationship with RRHA- members are encouraged to make connections with and email constructive feedback to hcvpleasing@rrha.com.

RISC Nehemiah Action
Richmonders Involved to Strengthen Communities (RISC) is holding its annual “Nehemiah Action” on March 19th, where over 1,000 people from local congregations will attend to hear the organization present its research, share testimony, and ask public officials for serious commitments to address affordable housing and gun violence prevention. 

During the event, RISC will be hosting Richmond City Councilmembers Andreas Addison, Stephanie Lynch, and Ellen Robertson and asking for a commitment of:

• $2M for the mobile home repair and replacement program 
• $6.5M owed to the Affordable Housing Trust Fund from bond revenue
• Ensure any bond revenue proposed for affordable housing be put into the Affordable Housing Trust Fund 
• Consistent funding of the Affordable Housing Trust Fund of at least $10M annually, with at least ⅓ of the funds to be allocated to units for households earning 30% or less AMI. 

RISC is an affiliate of the DART Network of Congregation-Based Community Organizations. VAMA is dedicated to keeping our members informed and engaged with updates on this initiative as they unfold.

Virginia Housing Awards Grant for Affordable Senior Housing Development in Richmond’s South Side
Virginia Housing has recently announced the provision of a $150,000 Community Impact Grant designated for the demolition of an existing structure at 2100 Bainbridge St.- paving the way for the construction of a much-needed multifamily dwelling catering specifically to seniors.

Spearheading this endeavor is project: HOMES, a nonprofit organization dedicated to enhancing housing affordability in the Richmond community. The new development, situated between Semmes Avenue and Hull Street, will feature 82 affordable units tailored to senior households, all rented at or below 60% of the Area Median Income. This initiative aims to alleviate the housing burden on senior citizens in the area, offering them access to quality housing options that align with their financial means. 

For those interested in learning more about funding opportunities offered by Virginia Housing, visit https://www.virginiahousing.com/partners/rental-housing.

VAMA has formulated a suite of new 5-day notices for use by members that comply with all applicable laws, including a form to use for CARES Act covered properties. Given that the current Presidential administration interprets the 30-day notice to vacate provisions of the CARES Act to be permanent until changed, VAMA wants to make sure that the properties it governs are prepared as well. Since the CARES Act contemplates a 30-day notice “to vacate,” which does not match Virginia’s notice timeline, which is predicated on a tenant’s choice to “pay or quit,” creating a proper form to satisfy both requirements proved as complex a task as it was necessary.

The CARES Act version of the notice points out that the 5-day notice to pay or quit should not be construed as a notice to vacate, owing to Virginia’s system of unlimited “rights of redemption,” up to 48 hours until an eviction is being carried out by the Sheriff. This means that a resident at-fault for simple nonpayment who pays their balance current can stop an eviction at any point before that time. Thus, the language in the CARES Act notice points out that while a resident is being given a 5-day notice to pay or quit, they cannot be forced to vacate the premises for at least the 30 days stipulated by the CARES Act. Thus, in VAMA’s opinion, the VAMA 5-day notice to pay or quit per the VRLTA also provides the 30-day notice to vacate that federal law requires.

Members who are operating CARES Act covered properties should be aware that to comply with the Act, they need only send the CARES notice upon first lease breach. Any notices sent thereafter can be the simple 5-day notice.

If you have questions about this form, please reach out to Tommy Herbert at tommy@vamaonline.org. Please be aware the information provided in this update is provided for operational purposes and is not intended as legal advice.  VAMA members are advised to consult with counsel for any legal questions you may have.

To access the documents mentioned in this article CLICK HERE. 
 **Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

HB7001 also required landlords to notify tenant's the landlord would apply for rental assistance on behalf of the tenant.  Unfortunately while the requirement to apply ended when the portal closed, the requirement to notify the tenant the landlord would apply on their behalf did not end.  This is sure to create confusion when non-payment of rent notices are sent out in June as notices will now say the landlord will do something that the landlord is incapable of doing.

To help alleviate confusion among tenants who receive non-payment of rent notices VAMA has prepared a sample cover letter you may with to send out with your non-payment of rent notices.  The purpose of this cover letter is to explain to residents why the notice states the landlord will apply for RRP when the landlord is incapable of applying for RRP.

A copy of that cover letter template is available here.  VAMA members may wish to edit and use this cover letter as needed.

To access the documents mentioned in this article CLICK HERE. 
 **Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

In September 2021 VAMA provided members with a new version of the form that copied language from Virginia’s Official Sample 14 Day Notice form created by the Virginia Department of Housing and Community Development as legally required by 2021’s HB2014.  Last week one judge found the language from Virginia’s Official Sample 14 Day Notice form to be noncompliant with the language requirements of VA Code § 55.1-1250 and as a result dismissed several eviction cases.

Language requirements for Nonpayment of Rent notices have become more complex over the past few years so during the 2021 General Assembly session VAMA lobbied to require the state to produce a sample notice form to assist in preventing cases from being dismissed over form wording issues.  The thought being a form created by Virginia and distributed by General District Court Clerks should always satisfy the requirements of VA Code.  Unfortunately, the recent ruling has demonstrated this not to be the case.  It is for these reasons we are changing the following language in VAMA’s 14 Day Notice form.

TEXT TO BE DELETED - Any partial payment of rent made before or after a judgment of possession is ordered is accepted with reservation, does not constitute a waiver of your landlord’s right to evict you, and will not prevent your landlord from taking action to evict you.  However, full payment of all amounts you owe the landlord – including all rent, late fees, and reasonable attorney fees as contracted for in your lease that are owed to the landlord as of the date payment is made, as well as any damages, and court costs – made on or before the court date will cause the eviction lawsuit to be canceled.  However, if there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord, payment will not cause the eviction lawsuit to be canceled.  

REPLACEMENT TEXT - Any partial payment of rent made before or after a judgment of possession is ordered will not prevent your landlord from taking action to evict you. However, full payment of all amounts you owe the landlord, including all rent as contracted for in the rental agreement that is owed to the landlord as of the date payment is made, as well as any damages, money judgment, award of attorney fees, and court costs made at least 48 hours before the scheduled eviction will cause the eviction to be canceled, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.  Payment of any and all amounts owed, including payment of any rent, damages, money judgment, award of attorney fees, and court costs, are hereby accepted with reservation in accordance with Virginia Code §55.1-1250, as amended.

We recognize the replacement language does not read as cleanly as the previous language, however to avoid other judges dismissing cases, we feel these changes are necessary.  Further, we must recommend members avoid using Virginia’s Official Sample 14 Day Notice Form for any court actions until the state creates a form acceptable to the judiciary.

A copy of VAMA’s new 14-Day Notice Form may be found here.  Please discontinue use of the © September 2021 Form and use the © January 2022 form for all future non-payment of rent issues.

Please be aware the information provided in this update is provided for operational purposes and is not intended as legal advice.  VAMA members are advised to consult with counsel for any legal questions you may have.

To access the documents CLICK HERE. 
 **Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

Between Now and the 1st of the Month
Have anyone within your company who currently accesses the RRP program go ahead and set up an account in the Gov2Go app or website.  They may do this by visiting https://web.getgov2go.com/ and following the prompts to create an account. 

1st of the Month
Have staff members who created an account in Gov2Go log in to the platform.

• Click on Discovery.
• Select Virginia as your state.
• Select Rent Relief Program.
• Select “I am a Landlord” and associate yourself with a property.  (Please be aware this process will may take time as Gov2Go has to verify the relationship.  They have not shared with us how they will do that or how long that will take.  It is for these reasons we suggest you start your part of the process as soon as possible.)

6th of the Month  (Assuming rent is considered late on the 6th.)
If you have a resident who is late on rent, send your 14-day notice along with the cover letter included here, explaining the change over to the resident and explaining what is expected of them. The new system no longer requires housing providers to collect resident info; the tenant completes this step on their own using their own Gov2Go profile.

6th or 7th of the Month
Assuming you have received confirmation showing you are associated with your community, begin entering information for each resident who has not paid rent.

• Log in to Gov2Go
• Click on Discovery.
• Select Virginia as your state.
• Select Rent Relief Program.
• Select “I am a Landlord” and select the property on which your tenant resides.
• Follow the prompts to enter the Tenant’s name and address.  Answer any associated questions.  Upload the ledger.  Upload the lease.  Accept the Landlord Agreement and submit.  If you entered and uploaded everything correctly you will be directed to a confirmation page. 
• Screen shot the page and record your confirmation number.
  

Between the 6th and 21st of the Month
Check back with residents in the intervening time to confirm that they have completed their portion of the application for assistance.  As residents get on-boarded to the Gov2Go platform, their profiles will need to be linked to the correct properties if they were not already in the old Deval or Virginia Housing systems.  We do not know how long that process will take, therefore VAMA recommends a special effort in December and January to communicate with residents and monitor progress.  Once Resident and the Housing Provider are matched, the Gov2Go platform will have tracking abilities that show housing providers and residents the progress of each application and which party is currently responsible for what steps in the process.  

After the 21st of the Month
If the notice period has run out and you have not received any confirmation from the resident or from the program that their information was entered, you may wish to file an Unlawful Detainer per usual practice. Remember, a resident has the right to redeem, and should you receive confirmation they completed their part of the RRP application prior to your court date you have the option of continuing the case.

This information and these instructions are based on the best information available to VAMA at this moment. We are continuing to engage DHCD and Virginia Interactive, and this process could be subject to change as the system continues to evolve. At the earliest possible opportunity, VAMA will be hosting an educational webinar with Virginia Interactive to get members education straight from the source on these changes. In the meantime we hope you find this information helpful in beginning to plan your operational strategies for the RRP change over. Please stay tuned to emails from us as it is our plan to hold a webinar on the Gov2Go RRP system as soon as the state makes the resources needed to host the webinar available.

Please be aware the information provided in this update is provided for operational purposes and is not intended as legal advice.  VAMA members are advised to consult with counsel for any legal questions you may have.

To access the documents referenced in this update please CLICK HERE. 
 **Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

Options Offered in Notice from Owner Section
Passage of the budget brought with it a return to the mandate for a landlord to apply for rental assistance on behalf of the tenant along with language requirements to notify the tenant that the landlord shall apply for such assistance.  We have updated our notice to reflect these changes.  In short, the form has gone back to three boxes instead of four.

1. Box #1 is pre-checked. (Pay total amount due and owed).

2. You should always check box #2 (payment plan) unless a resident previously entered a payment plan within the current lease term.  Under VA law, if a resident has previously entered a payment plan during the current lease term they are no longer eligible for that option.
   

3. The option for the tenant to apply and for the landlord to apply on the tenant's behalf have once again been combined.  This box is pre-checked since it must always be offered.  Please note, while a tenant applying on their own should alleviate the landlord of their responsibility to apply on behalf of the tenant VAMA does not recommend this.  The resident initiated application process creates challenges with regard to status updates and appears to take much longer than the VA Housing landlord initiated process.  Further we suggest that even when a resident states they have applied we strongly suggest the landlord also apply. 

Disclosure Section Changes
HB2014 mandated specific language regarding rights of redemption be added into all lease breach notices.  The language contained within our disclosure section matches language in the state created notice.  Additionally language was added to this section to match notification requirements laid forth as part of the new budget language (see section 16).  Lastly, VAMA added language that tracks with the budget language in explaining residents must cooperate by supplying information necessary for the landlord to apply on their behalf.

Resident Response Section
Except for some subtle wording changes no substantive changes were made to this section.

Please be aware the information provided in this update is provided for operational purposes and is not intended as legal advice.  VAMA members are advised to consult with counsel for any legal questions you may have.

To access the documents CLICK HERE. 
 **Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

Under ERA2 Virginia RRP Will Remain for All Localities Except Fairfax and Chesterfield
VAMA has now been updated that the localities which were granted Emergency Rental Assistance 2 (ERA2) money under the American Rescue Plan, other than Fairfax and Chesterfield Counties, have declined to receive their allocations, which should revert to the state to use for RRP. This is exciting news for housing providers and residents alike, as the RRP’s centralized application process is one of the lynchpins of its efficiency. This means that even more funds will be available for the RRP to distribute to support residents and make housing providers whole as we emerge from the pandemic.

Fairfax and Chesterfield opted during the original round of ERA funding (ERA1) that they would set up their own programs, which are running currently, and will continue. But no other locality will be attempting to set up their own program.

This news further illustrates the scale of rental assistance that will be available. ERA1 funds, over $550 million of which power the RRP currently, will be available until they run out or until September 30, 2022, whichever comes first. After ERA1 funds expire or run out, the ERA2 funds, which total over $350 million, will be available to be spent until September 30, 2025 or until they run out. As of June 16, in just under a year since its launch, the RRP has disbursed over $268 million to over 41,000 unique households. All told, including the initial funding from the CARES Act, and the funding from Virginia’s Affordable Housing Trust Fund, there will be just over 1 billion total dollars invested in rent relief here in the Commonwealth.

VAMA Will Be Hosting a Virtual Event Regarding Marijuana Legalization August 6^th at 9AM
Please join VAMA virtually on Friday, August 6, at 9:00 AM for Turning Over A New Leaf: a conversation regarding marijuana legalization, and what steps your business can and should take to adapt to it here in the Commonwealth of Virginia. Our guest will be Drew Hamrick, General Counsel and VP of Government Affairs for the Apartment Association of Metro Denver.

Drew will share lessons for the apartment industry learned from Colorado, one of the first states in America to legalize the recreational use of marijuana. Topics covered will include reasonable accommodations, implications for both growing and smoking in residential, possible lease modifications and more.

Register here!

NAA Filing Federal Damages Lawsuit on CDC Eviction Moratorium
The National Apartment Association will soon take the novel step of initiating a lawsuit on behalf of the multifamily housing industry seeking damages related to the unlawful eviction moratorium issued by the Centers for Disease Control and Prevention last year. This is the first case of its kind to be brought in federal court, and NAA is serving as the lead plaintiff in the case. Rental housing providers who are subject to the CDC moratorium, and have suffered damages from it will also able to join as plaintiffs to recover damages. It is important to note that housing providers under a state or local order more stringent than the CDC’s are not eligible for participation. You can find more out about the lawsuit at NAA’s website here.

Joint VAMA/AOBA Post-COVID Survey
We are seeking to gather info about members’ experiences during the COVID pandemic and ensuing eviction moratoria, as well as practices going forward. This information is a valuable tool as we continue to oppose efforts to extend or make permanent some measures that were instituted temporarily during the pandemic. If you or someone from your company has not yet, please take just a moment and respond to the survey here.

VAMA Has a New 14-Day Notice
As of July 1, new laws have taken effect, and other measures have lapsed out of effect when it comes to the process of eviction. VAMA has updated our 14-day notice form,  available here , with several important revisions. Have a look at what changed here .

Join Our Team of VAMAPAC Heroes!

Virginia’s apartment industry has a need when it comes to the General Assembly. We need to find and support new legislative champions to make better housing policy that benefits our industry, our communities, and our residents. VAMAPAC is a powerful tool to make our voices heard in politics. Join the leaders in our industry now in helping to support VAMAPAC. If you can, even a small donation makes a big difference as we continue to man the front lines against the destructive policy proposals that face us here in Virginia. Learn more and donate here.

Platinum Partners
The Dragas Companies

Gold Partners
RGM Properties

Silver Partners
Greg Gilbert
Drucker and Falk

Bronze Partners
Jayme Presley
Ray Harman
Alethea Parker
Larry Yates
Renee Pulliam
Ashley Bowman
Beth Godwin-Jones
Jeff Wilson
Cathy LaPrade
Pamela Griffin
Maria Carreras
Hasmukh Shah
Don Barker
Michael Belka
Newport Management Company
Pat Shumaker

Industry Partners
Angie Lombardi
Lori Wills
Landyn Ward
Miranda Alkire
Kelli Burton
Pete Rose
Sandra Winfrey
Mendy Sink

General Changes
Language has been adjusted to match the state created 14-Day Non-Payment of Rent Notice .  This resulted in some language changes that are a bit more direct in their wording such as, “we will file an eviction lawsuit (Summons for Unlawful Detainer) to ask for a court order to evict you”.  None of these changes were terribly substantive in nature however we felt it best to copy language from the state created form when possible.

It should be noted VAMA opted not to add the Violence Against Women Act (VAWA) language or the HUD Pre-Court Hearing language as this language does not apply to all rentals.

Options Offered in Notice from Owner Section
Since the State of Emergency is ending this means notice requirements contained within VA Budget language referencing the State of Emergency expire on June 30^th , thus the mandate to apply for RRP on behalf of a tenant no longer exists.  This means operationally you may handle the “we demand” boxes a little differently.

1. Always check box #1 (Pay total amount due and owed).

2. You should check box #2 (payment plan) except in cases where an individual previously entered a payment plan within the current lease term.  Under VA law, if a resident has previously entered a payment plan during the current lease term they are no longer eligible for that option.
   

3. Since VA budget language requiring landlords to apply on behalf of their tenant expires on June 30th you are no longer required to check this option.  That said, VAMA encourages members to continue offering this option as plenty of money remains for rental assistance and we estimate those funds will continue to be available through at least the end of the year.  In short, better to get paid in full than risk not getting paid.
   

4. As with box #3 you are not required to check this box however VAMA encourages members to check box #4.  Again, the money is available so better to get paid in full than risk not getting paid.

Disclosure Section Changes
HB2014 mandated specific language regarding rights of redemption be added into all lease breach notices.  The language contained within our disclosure section matches language in the state created notice.

Resident Response Section
Except for some subtle wording changes no substantive changes were made to this section.

Please be aware the information provided in this update is provided for operational purposes and is not intended as legal advice.  VAMA members are advised to consult with counsel for any legal questions you may have.

To access the documents CLICK HERE. 
 **Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

EVICTION PROCEDURES & MORATORIA
The Biden Administration has extended the CDC eviction moratorium until July 31, 2021 . Currently, a petition is in front of the Supreme Court essentially asking for the DC Appeals and Circuit court rulings against the CDC moratorium to be enforced, however there is no insight as to how or whether they might act on that request by the CDC moratorium’s end date.

As of July 1, 2021, Virginia’s eviction procedures established under the state budget will expire . The Northam Administration has made clear that they will not extend the declared state of emergency upon which Virginia’s state eviction procedures are based, however that does not preclude any action by the General Assembly, which is set to meet on August 2 to allocate the massive amount of federal funding that will be coming down to the Commonwealth for pandemic relief.

The 14-day notice established in the eviction budget language and the requirement to offer the option of a payment plan prior to filing for an Unlawful Detainer also continue to exist in the Virginia Code until July 1, 2022 as written into H.B. 1889.

As a reminder, for 90 days following the end of the declared state of emergency, the 60-day stay available  defendants in UD cases who can show a loss of income due to the pandemic remains in effect as established in the amended H.B. 340 from the 2020 session.

Virginia’s Rent Relief Program is still running and has distributed over 240 million dollars directly to housing providers since its inception almost exactly one year ago. Currently the program is working off an allotment of over 500 million dollars under U.S. Treasury’s Emergency Rental Assistance funds (ERA1). VAMA members are highly encouraged to use these resources to avoid evictions and get residents current on rent. It is a reliable and sure way to be made whole for arrears or even up to 3 months into the future and for up to 15 months per resident total starting from this past February. As new funds from Treasury come down under ERA2, roughly 350 million more dollars will fund the state RRP, and more localities in Virginia will begin administering their own rent relief programs as well. VAMA will be communicating with members to inform which localities are establishing programs, when, how, and other details as they become available.

ACCOMMODATION OF DISABILITY-RELATED PARKING REQUESTS
Bill Number:  H.B. 1971
H.B. 1971 clarifies that when a housing provider receives a request for accessible parking to accommodate a disability, it shall be treated as a reasonable accommodation and any costs for marking, designating or reconfiguring a parking space shall be borne by the housing provider. Such request may not be reasonable where reserved parking spaces are purchased or paid for by residents.  In such a scenario, the property owner shall not be responsible for transferring ownership of designated spaces. 

BILL REGULATING ACCESS TO DWELLING UNITS DURING EMERGENCIES
Bill Number:  H.B. 1981
H.B. 1981 allows a tenant to deny access to a housing provider for the purpose of exhibiting the unit for sale or lease or conducting non-emergency repairs during a declared state of emergency in which the tenant has reason to fear for their health and safety. This also permanently changes the notice time requirement from 24 to 72 hours in cases of non-emergency maintenance.  Such notice requirements do not apply to resident requested maintenance.

BILL TO ALLOW UNLIMITED RIGHTS OF REDEMPTION
Bill Number:  H.B. 2014
Tenants will now have an unlimited amount of opportunities to exercise a right of redemption, a provision that allows a tenant to make good on the full amount owed to “pay to stay” and cancel a pending eviction.  Previous law allowed a tenant to exercise such right only once during a 12-month lease term. The bill is clear that all debts contractually owed at the time of payment must be rendered in order to exercise the right of redemption. The bill further directs the Department of Housing and Community Development to develop suggested termination notice language to be made available for housing providers in order to ensure consistency. This bill also establishes new language requirements for 14-day notices, and VAMA will have an updated copy for members as of next week based upon the state’s generated form.

BILL TO PROHIBIT LOCAL DISCRIMINATION AGAINST AFFORDABLE HOUSING
Bill Number:  H.B. 2046
This measure prohibits discrimination by local governments in land use decisions on the basis of the population a proposed development is intended to serve. The Commonwealth of Virginia faces a serious dearth of affordable housing options. Yet NIMBYism among surrounding communities frequently serves as a barrier to the development of new affordable housing.  H.B. 2046 arms local elected officials with the legal justification necessary to overcome such resistance and help deliver the much-needed housing to address Virginia’s ongoing shortage.

BILL TO ADD ACTIVE DUTY MILITARY AS A PROTECTED CLASS UNDER THE FAIR HOUSING ACT
Bill Number:  H.B. 2161 & S.B. 1410
After adding numerous new protected classes to Virginia’s fair housing law in 2020, including “status as a veteran,” H.B. 2161 and. S.B. 1410 add active duty military personnel and military spouses. The bill would further stipulate that a tenant may not waive their rights under the federal Servicemembers Civil Relief Act (SCRA) except for after a dispute has arisen.

BILL TO CAP DAMAGE INSURANCE PREMIUMS
Bill Number:  H.B. 2249
H.B. 2249 allows housing providers to add a monthly charge to rent to cover damage insurance or renter’s insurance premiums provided such premiums do not exceed 2 months’ worth of rent.

BILL TO SET MINIMUM OVERTIME WAGES
Bill Number:  H.B. 2063
Delegate Mullin’s H.B. 2063 sets a minimum rate for overtime wages of one and a half times an eligible employee’s regular salary.  Amendments made in the Senate tie Virginia’s overtime requirements to the federal Fair Labor Standards Act.     

BILL TO CREATE TAX CREDITS FOR AFFORDABLE HOUSING DEVELOPMENTS
Bill Number:  H.B. 2050 & S.B. 1197
H.B. 2050 and S.B. 1197 create a tax credit to be administered by Virginia Housing equivalent to the federal low-income housing tax credit.  The credit would be non-refundable and carried forward for up to five years.

Under the CFPB's new rule debt collectors (landlords) are now required to provide written notice to tenants of their rights under the eviction moratorium.  Debt collectors who evict tenants who may have rights under the moratorium without providing notice of the moratorium or who misrepresent tenants’ rights under the moratorium can be prosecuted by federal agencies and state attorneys general for violations of the Fair Debt Collection Practices Act (FDCPA) and are also subject to private lawsuits by tenants.

As a result of this new rule VAMA has updated our 14-Day Notice Form (available here) to include the new notification language required under the rule. The form revisions are as follows:

Revision 1
The following language was added to the disclosure section on Page 1 of the notice.

Because of the COVID-19 pandemic, you may be eligible for temporary protection from eviction under the laws of your State, territory, locality, or tribal area, or under Federal law.

Visit http://www.cfpb.gov/eviction or call a housing counselor at 800-569-4287 to learn more.

Revision 2
All disclosure notifications were restated on page 2 of the 14-Day Notice so they can not be missed by the reader.

Please be aware the information provided in this communication is not intended as legal advice and is provided to assist you in having informed conversation with your own legal counsel. As with everything throughout this pandemic this is an evolving process and further updates/changes may be necessary as the administration changes rules and regulations put in place by the previous administration.

Click here to read VAMA and AOBA's joint statement on the bill. 

Revision 1
The option of a second 14-Day notice has been removed.

After reviewing input from DLS and discussions with industry attorneys, it was the consensus of the group that a second 14-Day notice is not always required. The information we received appears to indicate that VA Budget sections 4-14 8.b. 2, and 3 run concurrently as opposed to sequentially. This would imply that so long as the options for paying in full, a payment plan and RMRP are contained within the same notice you may move to obtain possession at the end of the 14-day period if the resident does not respond to the notice.

In the event the resident accepts the payment plan and then defaults on the payment plan you would then use the same notice to inform the resident of their default and demand full payment as a second 14-day notice is required in that situation.

It should be noted that questions still remain on whether or not you are required to apply for RMRP on behalf of the resident if RMRP was offered in the original notice, the resident opts for the payment plan and then defaults on the payment plan. Likewise, questions remain unanswered on whether you are obligated to offer the payment plan if the payment plan was offered on the original notice, the resident selects RMRP and RMRP falls through.

Revision 2
Under the “Disclosures” section on page 1 we added the statement, “if you provide us with a signed statement certifying you have experienced additional expenses or a loss of income due to the declared state of emergency you may be eligible to enter into a payment plan under which you will be required to pay the total amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement.”

While VA Budget language states the owner SHALL provide this statement, we did not include it in our original version of the notice as the statement is factually false. In accordance with Virginia Code §55.1-1245 you are required to offer a payment plan to the resident regardless of whether or not the resident provides you a certification. We are now including the certification statement along with a second disclosure stating that a certification is not required. This is to address concerns expressed by some attorneys that tenant’s counsel may try to dismiss a case simply because the landlord did not include the state mandated false statement.

We get it – it makes no sense, but this is what happens when legislators rush through legislation and refuse to accept corrective input from those the legislation affects.

Revision 3
In the “Resident Response Section” we removed language suggesting the resident may select only one option. Some have suggested there is nothing that prevents a resident from opting for both.

Please be aware the information provided in this email is not intended as legal advice and is provided to assist you in having informed conversation with your own legal counsel. As with everything throughout this pandemic this is an evolving process and further updates may be necessary once we are able to see how Virginia’s Court System handles the new Unlawful Detainer process.

To assist members with this transition, VAMA is pleased to roll out a new 14 Day Notice Form for members to use. Under the new notice provisions, the previous 5 day notice for non-payment of rent changes to a 14 day notice for nonpayment of rent. Additionally, the code and budget language add requirements for offering of a payment plan and impose a requirement on property management to apply for Virginia's Rent and Mortgage Relief Program on behalf of the tenant.

Budget Language:  https://budget.lis.virginia.gov/item/2020/2/HB5005/Chapter/4/4-14.00/
SB 5088:  https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0054

The information provided will explain our suggestions on how to properly use the notice. Please be aware, based on our experience during the development of this legislation by the VA General Assembly, VAMA has made what we believe is a conservative interpretation of the statute that tracks with the legislative intent as it was conveyed to us by those legislators involved in the legislative negotiations. Going into the 2021 General Assembly session, the rental housing industry is under the microscope and it is our belief that overly aggressive interpretations of the statute will likely subject the industry to the advancement of additional draconian statutes.  As always, VAMA recommends you consult with your own counsel prior to using any notice, as judicial interpretations change from courtroom to courtroom 

To access the full guidance document CLICK HERE.
**Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

LEGAL DISCLAIMER: This information does not come from an attorney, and  is not intended as legal advice. Please consult with an attorney before taking any action that will legally implicate your business.

Notice Period Changes – Beyond specific bills, in the budget language and the legislation that will be in effect during the pandemic, 5-day notices are now changed to 14-day notices for the purposes of initiating eviction filings. In cases where you would send a 5-day notice going forward to at least July, 2021, that notice should be amended to 14 days.

SB5088/HB5064 – This bill, carried by Delegate Cia Price and Senator Adam Ebbin in their respective chambers, requires the offering of a payment plan arrangement to residents prior to initiating an eviction filing. This payment plan must amortize over the lesser of either six months or the time remaining on the lease, and can include no late fees. If a resident agrees to a payment plan, under this legislation, and fails to pay a payment under that arrangement, a housing provider may then move to take possession of the unit, provided they’ve sent a new 14-day notice. That portion of the law, however, is invalidated by the eviction process that’s established in the budget until at least January 1, 2021, and thereafter with specific provisos that require application to Virginia’s Rent and Mortgage Relief Program (RMRP). You can learn more by reading the budget amendment here, and by reading the section on the eviction process below.

HB5106 – This bill, carried by Delegate Josh Cole, establishes the opportunity for an applicant to assert, upon notice of a rejection or adverse action on the application, that such adverse action was solely the result of credit or eviction history accrued during the time of the Governor’s declared State of Emergency for the COVID-19 pandemic. If an applicant asserts such, a housing provider must make a good faith effort to contact their screening provider to ascertain the veracity of that assertion. The screening provider has three business days to provide that extra information. If this is found to be true, the adverse action would be rescinded, and the application made eligible to be approved.

Operational note - Housing providers may wish to talk to their screening providers to determine whether or not is operationally worth even looking at financial information from the state of emergency period.  In short, by not looking at financial information obtained from the state of emergency period you avoid incurring liability created from HB5106.

Eviction Process – Virginia’s new eviction process exists by way of language in the revised biennial state Budget. The language establishes two time periods with two different restrictions: pre-January 1, 2021 and post-January 1, 2021.

Pre-January 1 – Between now and January 1, nearly all evictions for simple nonpayment of rent will be prohibited (as is the case already under the CDC Moratorium). The process establishes dual 14-day notice periods. The first notice, a 14-day notice, is to explain that the tenant may enter into a payment plan (language identical to HB5065/SB5088). If a tenant fails to enter into a payment plan, or fails to pay any installment of the plan, the landlord may not take action to obtain possession until January 1, 2021, UNLESS the tenant refuses to apply to the RMRP and refuses to cooperate with the landlord applying on their behalf. 

If, after the first notice, rent is unpaid when due again, or if a payment under the payment plan is not paid, that triggers the second 14-day notice. This notice shall include information about the RMRP, and how to reach 2-1-1 Virginia, and shall also inform the tenant that the housing provider will apply on their behalf for assistance from the RMRP, or will provide all documents required to process the tenant’s application for RMRP funds. If the tenant in this case refuses to apply and to cooperate, the housing provider may not take action to take possession until January 1. Further, until January 1, a housing provider can’t take action based solely on not hearing back from the RMRP administrators about an application.

Post-January 1 – If rent is unpaid when due, the double notice period works much the same. In the first instance, the notice shall be a 14-day notice, informing the resident that they may enter into a payment plan. Time period of the payment plan is the same; lesser of six months or remainder of the lease. If the tenant enters into the payment plan, then fails to pay at the appointed date, a housing provider can move forward with a filing, provided that the second 14-day notice is provided. If they fail to pay enter into a payment plan altogether, a housing provider can then move directly to the second notice.

The second notice is the same pre- and post-January 1. It shall inform the tenant of the RMRP, information on how to reach 2-1-1 Virginia, and that the housing provider will apply to the RMRP on behalf of the tenant or cooperate with the tenant’s application to any housing aid program by providing necessary information. During this 14 days, if a housing provider has not already done so, or if the tenant refuses to apply on their own, they must apply to RMRP or another aid program on the tenant’s behalf. If the tenant refuses to cooperate with the housing provider’s application, the housing provider can take action to take possession. Alternatively, if the housing provider or resident does not receive approval for funds within 45 days of the application for assistance, the housing provider can move forward with action to take possession. For any future subsequent applications for aid, that 45-day timeline is reduced to 14 before a housing provider may take action.

After January 1, 2021, if a resident doesn’t qualify for RMRP or another program, or if there are no funds remaining in these sources, the second notice provision will not apply.

Additional Points – During the duration of a payment plan or housing assistance arrangement, housing providers shall report the resident’s account as “current” in keeping with the CARES Act.

While a resident is complying with a payment plan, no action can be taken to take possession.

Neither landlord nor tenant are relieved of their obligations to maintain the dwelling.

For Judgements of Possession Outstanding – The budget language stipulates that it does not invalidate any order of possession obtained prior to its going into effect, however it does lay out that no order of execution shall be issued unless the holder complies with the above budget language. So it holds judgements of possession in a limbo, where they are valid for their 180 day lifespan, but they cannot be submitted for a writ of execution until the provisions of the budget language have been complied with.  There are certainly questions around this section of the budget and it is important to note that no one will know exactly how this section will be interpreted until the case presents itself.

IMPORTANT MEMBER INFORMATION

VAMA is working on developing a 14 Day notice form that all members will have access to.  After consulting with counsel we believe it is possible to develop a form that can be used for both the first as well as second 14 Day notice.  More details to come within the next week or so along with other educational guidance and materials for members as we see how these provisions are adjudicated in the coming weeks and months. In the meantime, if you have any questions, please contact VAMA Manager of Government Affairs Tommy Herbert at tommy@vamaonline.org.

The FAQ section below can answer some of the most common questions, and you can read the full program guide at this link. It is mostly geared toward the “grantees” of the program, which are the organizations administering the funding.

How much funding is available?

The first round of funding is for $50 million, with no more than 15% allowed to be spend on administration. A possibility exists for a second round of funding, but the chance is unclear currently.

Who applies?

To apply for aid, the renter will reach out to one of the regional grantees.

Who is eligible?

RMRP funds can be applied for by renters who meet the following requirements:

1.     Have a valid lease at or below 150% of Fair Market Rent (FMR)

2.     Have a gross household income of 80% of Area Median Income (AMI) or below

3.     Have experienced a loss in income due to the COVID-19 crisis (documentation required)

Who gets first priority?

·      Through July 20, priority will be given to households at or below 50% of AMI

·      Households currently facing eviction, be it an Unlawful Detainer, a writ of eviction, or a judgement of possession, will be given priority. Households with an Unlawful Detainer dated prior to June 8 will be considered a top priority

·      Grantees must target outreach to existing organizations serving communities of color and collect data on the demographics of households served

How do I get paid?

Payments will come directly to housing providers after the application submitted by the renter is approved. Outreach from your local grantee should be forthcoming once an application has been approved. You can find out which organization is covering your area at this link.

What requirements are on me as a landlord?

To participate in the program, you’ll be asked to choose between two models of aid:

1.     Provision of RMRP financial assistance for one month of current rent and up to three months of past due rent with landlord forgiving an equal number of months of past due bills (rent and all associated fees).

2.     Provision of RMRP financial assistance for one month of current rent and up to one month past due rent with landlord implementing repayment plan for any remaining unpaid past due bills (rent and all associated fees).

These are just top line features of the program, and in coming days as implementation moves forward, VAMA will be reaching out with more information as we have it. As a reminder, you can find a list of regional grantees here, and access the full program guidelines here. The Virginia Department of Housing and Community Development has developed a fact sheet that you can access here as well.

If you have any specific questions on the program that can’t be answered in these resources, please don’t hesitate to reach out to Tommy Herbert at tommy@vamaonline.org. 

 

Source of Funds

Starting tomorrow, ‘source of funds’ will be a protected class under the Virginia Fair Housing Act.

This means that a manager will no longer be able to answer, “we do not accept Housing Choice Vouchers,” if asked by a prospective applicant without risking a trip to the Fair Housing Board. While voucher applicants may still be held to the same income, credit, and criminal history screening criteria as market-rate applicants, Virginia’s housing providers, with some narrow exceptions, can no longer deny an applicant based solely on the fact that they are using a Housing Choice Voucher, sometimes known as a ‘Section 8’ voucher.

VAMA has released a comprehensive operational guidance document on ‘SOF’, which members can access here.

Legal Info in Termination Notices

Starting tomorrow, any termination notice served to a resident who receives federal, state, or local housing assistance must contain the information to contact Virginia’s statewide Legal Aid services. VAMA members should note that this information will be included automatically on any termination notices within the Blue Moon suite of documents.

The information to be included is the phone number and website below:

(866) 534-5234

valegalaid.org/find-legal-help

Eviction Diversion Programs

Starting tomorrow, new, mandatory eviction diversion programs will begin in the General District Courts of Petersburg, Danville, and Hampton. Richmond city has had a pilot version of this program running since 2019, and Beth Godwin-Jones of Godwin-Jones and Price has recorded an interview to discuss what housing providers in these jurisdictions should be looking out for as they begin being instituted. Watch the video.

Tenants’ Statement of Rights and Responsibilities

Starting tomorrow, prospective tenants will need to be provided with this statement and sign a form acknowledging such.

Pursuant to 2020’s HB393, VAMA worked with a broad group of stakeholders to formulate a Statement of Tenants’ Rights and Responsibilities under the Virginia Residential Landlord and Tenant Act. This statement, a plain language summary of the VRLTA, will need to be provided to all prospective tenants at time of leasing and renewal.

Further, parties to the lease must sign the acknowledgement form which acknowledges receipt of the statement. For leases entered into after July 1, if a prospective tenant doesn’t receive this statement, a landlord will be unable to maintain a court action against them until they have received it. View the documents.

Repair and Deduct

Starting tomorrow, residents will have new recourse to have serious issues in their units addressed on their own, provided that their landlord has not begun to address them within 14 days of notice.

Pursuant to 2020’s SB905, if a resident alerts their landlord to a condition that affects life, health, or safety and the landlord has not begun to address the issue within 14 days, the resident will be able to hire a licensed contractor to perform the repairs. They could then deduct the invoiced amount (up to $1,500 or one month’s rent, whichever is higher) which was spent on those repairs from their rent.

Damage Insurance in lieu of Deposit

Starting tomorrow, formal language in the Code of Virginia will allow Virginia’s property owners to accept insurance products in lieu of a Security Deposit. This idea has been around for a while, but new products on the market are making it a more attractive option for property owners, and one company which offers these services, Rhino, has been making nationwide efforts in state legislatures to formally pronounce these new products legal to use. This is pursuant to 2020’s HB1333.

Victims of Domestic Violence

Starting tomorrow, victims of domestic violence whose abuse has included financial abuse will be able to provide mitigating evidence to a housing provider upon application to offset the effects that such financial abuse had on their credit.

Such an applicant may self-declare their status as a victim of domestic violence and provide documentation from a court, an attorney, or a sexual or domestic violence support agency to show that their adverse credit situation is not of their making, and housing providers must and should take that information into account during their screening of these applicants. This is pursuant to 2020’s HB99.

Some Reminders:

Two bills were amended at the General Assembly’s Veto Session in April to apply to housing providers as a result of the COVID-19 crisis. These two bills dealt with evictions and late fee limits.

Late Fee Limits

As of April 22, late fees are limited in the Commonwealth to either 10% of the total amount owed or 10% of the periodic monthly rent, whichever is lesser. If this change had not been made already, retroactive action may be necessary to bring your accounting into line with the law. This is pursuant to 2020’s HB1420, which was amended at Reconvened Session.

Eviction Protections for COVID-19

 HB340, a bill originally intended to codify and normalize the General Assembly’s efforts to protect furloughed federal government workers in cases of government shutdown, was also chosen as the vehicle for COVID-19-related eviction protections.

Per the amendments made to the bill prior to the April 22 Reconvened Session of the General Assembly, a person who has been filed upon for eviction can request a 60-day continuance in court upon presenting written evidence that they have been financially impacted by the COVID-19 crisis. Residents will be able to access this 60-day continuance for up to 90 days after the end of Governor Northam’s declared state of emergency regarding the virus.

This is a rundown of the most salient laws that are affecting the apartment industry starting tomorrow. If you have any questions about anything you’ve just read, please don’t hesitate to reach out to VAMA's Manager of Government Affairs, Tommy Herbert, at tommy@vamaonline.org.

On March 27, 2020 Governor Ralph Northam signed House Bill 6 adding Source of Funds (SOF) as a protected class under the Virginia Fair Housing Act. This new protected class will take effect July 1, 2020. This document should not be considered legal advice but is intended to provide guidance on how rental housing providers best operationalize this change. 

Under SOF, properties can no longer state “we do not accept section 8 vouchers”, “we do not participate in the Housing Choice Voucher Program”, “we do not accept vouchers” or any variation thereof. When asked that question by a prospect, regardless of how the question is asked, properties should respond:

“We provide housing opportunities to all prospective residents who meet our resident screening criteria regardless of their Source of Funds.” 

To access the full guidance document CLICK HERE.
**Clicking this link will take you to a members only page.  You must log in to the VAMA website to access.

June 22nd Update:

On June 22nd, the Supreme Court of Virginia amended their most recent order and will now allow evictions on matters unrelated to nonpayment of rent to move forward.  Read the Supreme Court ruling here.

June 9th (Original Post):

The Supreme Court of Virginia has now suspended and continued all Unlawful Detainer (UD) actions and issuances of Writs of Eviction. This moratorium on evictions will last until June 28 as it stands but could be extended. You can read their full order here.

The Court’s rationale is that this moratorium is to provide time for the rollout of a statewide rent relief program by Governor Northam, and mitigate the public health risks associated with citizens being unhoused during a pandemic. That program, while still in the planning stages, should be available in coming weeks according to the Governor.

These developments represent a mixed bag for VAMA members. VAMA has consistently been a proponent of local and statewide rent relief programs to help keep people stably housed throughout the COVID-19 crisis, and while we are happy to see such a program coming to life, we are concerned about the halting of all eviction proceedings as a result. While most evictions occur over simple non-payment of rent, housing providers often need the eviction process to address unhealthy conditions created by a resident that could affect others or recurring criminal activity in a community. 

VAMA will keep members up to date on what measures are being taken and what the rent relief program will look like as those details become available. We will also communicate our concerns to the Administration and the Supreme Court of Virginia regarding the complete stoppage of all UD proceedings, versus a more targeted approach that protects housing providers’ abilities to address situations that affect health, safety, and livability in their communities.

Starting July 1, this statement must be provided to all lessees, and both parties to the lease must sign the acknowledgment form to confirm receipt. Failure to provide this information to lessees will result in a property owner not being able to maintain an action against a resident in court until they’ve been provided that statement. For existing lessees, provision of the statement alone is acceptable.

All comments on these forms should be sent directly to:

Kristen Dahlman, Senior Policy Analyst

Kristen.dahlman@dhcd.virginia.gov

By mail at:

600 East Main St, Ste 300

Richmond, VA 23219

VAMA worked alongside DHCD and a broad group of housing stakeholders to come up with these drafts, and we appreciate member involvement to make sure that they are in the best shape they can be when finalized.

It would be great if every resident actually read their lease, but we know that is wishful thinking. Hopefully with this plain-language statement of the law, we can come one step closer to making sure our residents know what they can expect, and what is expected of them.