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We recently shared some information about a handful of the new tools for housing affordability and preservation that became law in Virginia on July 1st. In addition to these pieces of legislation, a slate of new tenant protections also went into effect this month – helping to ensure housing safety and stability for renters across the Commonwealth. This post will take a closer look at some of these new laws.
HB14 (Del. Price) and SB290 (Sen. Aird) help protect renters’ rights by giving localities the ability to sue a property owner for poor housing conditions, on the tenant’s behalf. Many renters do not have the legal or financial resources to successfully bring a lawsuit against their landlord on their own – so this tool will allow cities and counties to step in.
HB15 (Del. Price) and SB48 (Sen. Rouse) help tenants who fall behind on rent by allowing extra time for them to catch up before an eviction can be filed against them. Before this law was passed, a landlord could file an eviction case against a tenant after just five days. The new law will increase the waiting period – also known as “pay or quit” – to fourteen days. This gives people additional time to catch up on rent, seek financial assistance, or access other resources.
HB281 (Del. Callsen) and SB373 (Sen. Boysko) give tenants the ability to offer poor housing conditions as a defense against an eviction for non-payment of rent. Before this law was passed, tenants in Virginia could be evicted for falling behind on rent – even if they were actually withholding payment due to code violations or other conditions. This new law will allow judges to consider the living conditions at the property when they decide how much rent someone owes.
Finally, we want to mention a handful of bills that were passed to strengthen the Eviction Diversion Program and the Virginia Eviction Reduction Program. These new laws are very important for housing stability, because Virginia consistently has some of the highest eviction rates in the country.
HB837 (Del. McClure) and SB273 (Sen. Locke) expand access and eligibility for the Eviction Diversion Program (EDP), an initiative that can help tenants better understand the legal process, their rights in housing court, and the resources that may be available to help prevent an eviction.
On the other hand, the Virginia Eviction Reduction Program (VERP) helps prevent the negative consequences of an eviction by providing flexible emergency funding to help renters stay in their homes. This program was first established by the General Assembly as a pilot project in 2020. Two new bills – HB527 (Del. McClure) and SB628 (Sen. Locke) – will now make VERP a permanent program in Virginia.
We are so grateful to all of our incredible VHA member organizations, as well as the community partners, housing advocates, and everyday residents who stepped up and lent their voices to help make change and expand housing opportunities across Virginia. Thank you for your continued advocacy!