What's Going On in Government Affairs?

A Word from the Editor

These new weekly updates, video reports, and greater social media presence are part of a strategic plan that VAMA is implementing throughout 2020 to bring our services and staff closer to you than ever before. You’ll now be receiving a weekly rundown of legislative events, a monthly wrap-up, as well as upcoming Facebook Live discussions with myself and senior staff and volunteer leaders of the Virginia Apartment Management Association.

As we continue to roll out these new channels of communication, it is important to me that I get your feedback about what kind of information you prefer, how much of it, and how often. All of this content is only useful so long as it is useful, so please don’t hesitate to speak up.

If you have questions or concerns about what you are reading or hearing here, please reach out to me at tommy@vamaonline.org. I’m always happy to be a resource for VAMA’s members. And keep an eye on your inboxes and VAMA social in coming weeks to see our new channels in action!

Tenants Statement of Rights and Responsibilities – Public Comment Period

Public comment is now open until June 10 on Virginia’s draft Statement of Tenants’ Rights and Responsibilities.

This statement must be provided to every lessee in Virginia beginning on July 1. A second form acknowledging receipt of the statement must be signed by both parties to the lease at time of leasing.

Beginning July 1, no landlord in Virginia will be able to maintain an action in court against a tenant until they have been provided with that statement. For leases in progress on July 1, providing the form to the resident will suffice, but for new leases the acknowledgement form will be required to be signed by both parties to the lease.

You can view the document here. All comments should be sent to Kristen Dahlman, Senior Policy Analyst at the Virginia Department of Housing and Community Development, at Kristen.dahlman@dhcd.virginia.gov.

June Apartment Impacts Survey

VAMA is conducting a short survey for property-level employees regarding the impact on rental payments of COVID-19. This data is tremendously helpful as we work with the legislature and Governor to address the impacts that the virus is having on the industry and its residents. If you can answer questions regarding collections and requests for rental assistance, please take a moment to answer the survey here.

‘Source of Funds’ Legislation Goes Into Effect July 1

2020’s HB6 established ‘source of funds’ as a protected class under the Virginia Fair Housing Act. That means that you will no longer turn away applicants for the reason that they have a Section 8 Housing Choice Voucher. While you may screen these applicants to the same criteria on credit, income, and criminal screening that you do any other applicant, you will no longer be able to say “we do not accept Section 8” without risking a trip to fair housing court. VAMA is hosting free education sessions to help members prepare for the new law to go into effect. As always, you can direct questions to Manager of Government Affairs Tommy Herbert at tommy@vamaonline.org.

Supreme Court of Virginia Extends Judicial Emergency

The Supreme Court of Virginia has now extended the statewide judicial emergency to June 28, 2020, and placed a moratorium on all Unlawful Detainer proceedings and submission of Writs of Eviction pursuant to the rollout of the Governor's proposed rent relief program. This moratorium currently runs alongside the Judicial Emergency, and so currently runs until June 28, and could be extended by the Court. VAMA is working to help craft that program with DHCD, and are working to craft a legal response to the Supreme Court of Virginia. Read the full text of the order here.

Local Clerk Actions on UD Filings

As courts have re-opened at judges’ discretion to hear non-emergency cases again in the wake of the Supreme Court of Virginia’s guidance of May 12, local Clerks of Court in some jurisdictions are making policies to accept civil filings by appointment or by mail only, rather than on a walk-in basis. If you or your company will find themselves in a local General District Court (GDC) soon, it would be wise to reach out to your local Clerk’s office to confirm how they are proceeding. GDCs, that VAMA know of, taking only appointment or mail signings are currently Staunton and Augusta.

Executing Writs of Eviction Issued Prior to Judicial Emergency Declaration

According to the Virginia Code as it was changed in 2019, any writ of eviction that is communicated to a local Sheriff to execute may not be executed more than 30 days after they’ve been received. This affects writs that were communicated to Sheriffs’ Offices prior to the Supreme Court of Virginia’s declaration of a judicial emergency on March 16.

VAMA is aware of some localities wherein Sheriffs have tolled those 30 days during the judicial emergency, meaning they must be re-filed with the local Clerk of Court to be re-sent to the Sheriff for execution. If you are waiting on the execution of such a writ, you should reach out to your local Sheriff to confirm their policies on this matter.