VA HB5106 | 2020 | 1st Special Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 28-0)
Status: Passed on November 9 2020 - 100% progression
Action: 2020-11-09 - Governor: Acts of Assembly Chapter text (CHAP0047)
Text: Latest bill text (Chaptered) [HTML]

Summary

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.

Tracking Information

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Title

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

Sponsors


Roll Calls

2020-11-09 - House - House: VOTE: Adoption (55-Y 43-N) (Y: 55 N: 43 NV: 1 Abs: 0) [PASS]
2020-11-09 - Senate - Senate: Senate concurred in Governor's recommendation (23-Y 16-N) (Y: 23 N: 16 NV: 1 Abs: 0) [PASS]
2020-10-16 - House - House: VOTE: Agreed To (57-Y 42-N) (Y: 57 N: 42 NV: 0 Abs: 0) [PASS]
2020-10-14 - House - House: VOTE: Rejected (0-Y 90-N) (Y: 0 N: 90 NV: 9 Abs: 0) [FAIL]
2020-10-14 - Senate - Senate: Senate insisted on amendment (28-Y 9-N) (Y: 28 N: 9 NV: 3 Abs: 0) [PASS]
2020-10-14 - Senate - Senate: Conference report rejected by Senate (1-Y 37-N) (Y: 1 N: 37 NV: 2 Abs: 0) [FAIL]
2020-10-07 - Senate - Senate: Senate insisted on amendments (22-Y 12-N) (Y: 22 N: 12 NV: 6 Abs: 0) [PASS]
2020-10-02 - House - House: VOTE: Adoption (0-Y 97-N) (Y: 0 N: 97 NV: 2 Abs: 0) [FAIL]
2020-09-25 - Senate - Senate: Passed Senate with amendments (20-Y 16-N) (Y: 20 N: 16 NV: 4 Abs: 0) [FAIL]
2020-09-24 - Senate - Senate: Constitutional reading dispensed (35-Y 0-N) (Y: 35 N: 0 NV: 5 Abs: 0) [PASS]
2020-09-18 - Senate - Senate: Reported from General Laws and Technology with amendments (8-Y 3-N 3-A) (Y: 8 N: 3 NV: 0 Abs: 3) [PASS]
2020-09-03 - House - House: VOTE: Passage Emergency (54-Y 44-N) (Y: 54 N: 44 NV: 1 Abs: 0) [PASS]
2020-08-24 - House - House: Reported from General Laws with substitute (12-Y 8-N) (Y: 12 N: 8 NV: 2 Abs: 0) [PASS]
2020-08-24 - House - House: Reported from General Laws with substitute (11-Y 8-N) (Y: 11 N: 8 NV: 3 Abs: 0) [FAIL]

History

DateChamberAction
2020-11-09 Governor: Acts of Assembly Chapter text (CHAP0047)
2020-11-09HouseEnacted, Chapter 47 (effective 3/1/21)
2020-11-09SenateSigned by President as reenrolled
2020-11-09HouseSigned by Speaker as reenrolled
2020-11-09HouseReenrolled bill text (HB5106ER2)
2020-11-09HouseReenrolled
2020-11-09 Governor: Governor's recommendation adopted
2020-11-09SenateSenate concurred in Governor's recommendation (23-Y 16-N)
2020-11-09HouseVOTE: Adoption (55-Y 43-N)
2020-11-09HouseHouse concurred in Governor's recommendation (55-Y 43-N)
2020-11-05HouseGovernor's recommendation received by House
2020-10-30 Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
2020-10-30HouseEnrolled Bill communicated to Governor on October 30, 2020
2020-10-30SenateSigned by President
2020-10-28HouseSigned by Speaker
2020-10-28HouseBill text as passed House and Senate (HB5106ER)
2020-10-28HouseEnrolled
2020-10-16HouseVOTE: Agreed To (57-Y 42-N)
2020-10-16HouseConference report agreed to by House (Y-57 N-42)
2020-10-16SenateConference report agreed to by Senate (22-Y 14-N)
2020-10-16HouseSecond Conference substitute printed 20201382D-H3
2020-10-16 Conference: Amended by conference committee
2020-10-16SenateSenators: Barker, Ebbin, Reeves
2020-10-16SenateSecond conferees appointed by Senate
2020-10-14HouseDelegates: Cole, J.G., Bulova, Morefield
2020-10-14HouseSecond conferees appointed by House
2020-10-14HouseHouse acceded to request for second conference committee
2020-10-14SenateSenate requested second conference committee (28-Y 9-N)
2020-10-14SenateConference report rejected by Senate (1-Y 37-N)
2020-10-14SenatePassed by temporarily
2020-10-14HouseVOTE: Rejected (0-Y 90-N)
2020-10-14HouseConference report rejected by House (0-Y 90-N)
2020-10-14HouseConference substitute printed 20201355D-H2
2020-10-14 Conference: Amended by conference committee
2020-10-07SenateSenators: Barker, Ebbin, Reeves
2020-10-07SenateConferees appointed by Senate
2020-10-07HouseDelegates: Cole, J.G., Bulova, Morefield
2020-10-07HouseConferees appointed by House
2020-10-07HouseHouse acceded to request
2020-10-07SenateSenate requested conference committee
2020-10-07SenateSenate insisted on amendments (22-Y 12-N)
2020-10-02HouseVOTE: Adoption (0-Y 97-N)
2020-10-02HouseSenate amendments rejected by House (0-Y 97-N)
2020-10-02HousePlaced on Calendar
2020-09-29HousePassed by for the day
2020-09-25SenatePassed Senate with amendments (20-Y 16-N)
2020-09-25SenateEngrossed by Senate as amended
2020-09-25SenateAmendment by Senator Barker agreed to
2020-09-25SenateReading of amendment waived
2020-09-25SenateCommittee amendment #3 rejected
2020-09-25SenateCommittee amendments #'s 1,2,4,5 agreed to
2020-09-25SenateReading of amendments waived
2020-09-25SenateRead third time
2020-09-24SenateConstitutional reading dispensed (35-Y 0-N)
2020-09-18SenateReported from General Laws and Technology with amendments (8-Y 3-N 3-A)
2020-09-04SenateReferred to Committee on General Laws and Technology
2020-09-04SenateConstitutional reading dispensed
2020-09-03HouseVOTE: Passage (54-Y 44-N)
2020-09-03HouseRead third time and passed House (54-Y 44-N)
2020-08-28HousePrinted as engrossed 20200990D-EH1
2020-08-28HouseEngrossed by House - committee substitute with amendments HB5106EH1
2020-08-28HouseEmergency clause deleted
2020-08-28HouseAmendments by Delegate Convirs-Fowler agreed to
2020-08-28HouseAmendment by Delegate Simon agreed to
2020-08-28HouseCommittee substitute agreed to 20200990D-H1
2020-08-28HouseRead second time
2020-08-27HousePassed by for the day
2020-08-26HouseRead first time
2020-08-24HouseReported from General Laws with substitute (12-Y 8-N)
2020-08-24HouseCommittee substitute printed 20200990D-H1
2020-08-21HouseReferred to Committee on General Laws
2020-08-21HousePresented and ordered printed with emergency clause 20200742D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
5511245(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+HB5106
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106EH1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H3+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106ER2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0047+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H11V0006+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H11V0008+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0038+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S12V0021+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0139HB5106+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0150HB5106+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0110+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0238HB5106+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0289HB5106+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0290HB5106+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0200+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0207+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0330HB5106+HB5106
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0221+HB5106

Bill Comments

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