Legislative Update: VAMA and AOBA's Appeals to Governor Youngkin Yield Veto Results

 

In March, the VAMA and AOBA organizations jointly dispatched a letter to Governor Youngkin, formally requesting his veto for the following pieces of legislation, for which we have updates:

VETOED- H.B. 442: Mandatory Payment Plans (Delegate Elizabeth Bennett-Parker)
 

Delegate Bennett-Parker’s H.B. 442 would have a devastating impact on the rental housing industry in Virginia. The bill mandates housing providers to offer payment plans for any delinquent resident to pay off the debt over as many as six monthly installments.
 

VETOED- H.B. 598: Extending the Pay or Quit Notice from 5 to 14 Days (Delegate Marcia S. Price)
 

H.B. 598 would extend the “pay-or-quit” timeline (the amount of time before a housing provider may file an unlawful detainer to initiate the process to recover possession of a unit) to 14 days, drawing out the full eviction process to between 2½ to 3½ months.
  

Industry groups including AOBA, VAMA, and the Virginia Association of Realtors (VAR) negotiated compromise language with the patron that would have allowed tenants additional time to make their rent payment before a housing provider could initiate a motion for unlawful detainer. The amendment language would have reduced the timeline for the scheduling of a hearing, thus mitigating the accumulation of debt over an extended legal process. These organizations stood down their opposition to the measure, allowing it to advance based on this agreement. However, this amendment was stripped on the Senate floor without notice to housing provider organizations that had worked in good faith with the patron on compromise language. Despite this, the legislation passed the General Assembly on near party line votes of 51-48 in the House of Delegates and 20-19 in the Senate.
 

SIGNED- H.B. 959: Second Signature Towing Mandate (Delegate Alfonso Lopez)
 

Starting as a consumer protection bill, Delegate Lopez amended H.B. 959 in committee to allow local governments to require a second signature for trespass towing. Under the amended bill, an agent of the property owner would have to sign off on each individual tow, even though the owner has already contracted with the towing company to enforce trespass violations on their property (the “first” signature.) Although it was misrepresented that there was compromise language brought to the Senate Finance and Appropriations Committee, it did not address concerns brought by AOBA, VAMA, and the Arlington Chamber of Commerce. 
 

RECOMMENDATION RECEIVED BY THE HOUSE- H.B. 1519: Electronic Fund Transfer Fee Ban for Housing Providers (Delegate Kannan Srinivasan)
 

Delegate Kannon Srinivasan’s H.B. 1519 would prohibit housing providers from charging residents a processing fee when they remit rental payments via electronic fund transfers. The bill provides no exception for passing along fees that are charged to the provider, forcing housing providers either to incur a cost to receive rent or to include those fees in rent charged to all residents, regardless of whether the resident remits payments electronically. Governor Youngkin has opted to amend and reenact HB 1519 as an SCC Study. 

Amended bills and bills with line-item vetos will be considered when the Legislature reconvenes on April 17th. The Governor’s full Veto Statements for HB 442 and HB 598 can be viewed here.  

In celebrating our recent legislative victories, it's important to acknowledge that the battle isn't over. Many of the bills we've fought against will likely resurface and advance again next year, as the Democratic Party maintains a slim majority in the Legislature for 2025. The inexperienced "green" members of the 2024 General Assembly now possess valuable institutional knowledge and will have the opportunity to refine and improve poorly drafted legislation. As an organization, we must anticipate this resurgence and proactively gear up for the challenges awaiting us in the upcoming legislative session. 

While the Governor's veto of certain bills is certainly appreciated, depending solely on this measure isn't a sustainable strategy. It's imperative that we sustain active member engagement year-round, rather than just during sessions. Members must consistently make their voices heard by writing letters, arranging property tours, donating to VAMAPAC, and advocating as constituents for the sponsorship of legislation addressing industry challenges. Developing and nurturing these relationships outside of the legislative session is paramount for long-term impact and success.

Are you interested in hosting a legislative site visit at your community, or showcasing your property at a political fundraiser? Please contact Erika Misseri at Erika@vamaonline.org for more information or to coordinate. 

And for those interested in learning more about advocating for rental housing, don't miss the "Navigating the World of Advocating'' session at VAMACON'24. Moderated by Patrick McCloud (VAMA CEO), the panel featuring Erika Misseri (VAMA Government Affairs), Greg Brown (NAA Senior Vice President of  Government Affairs), and Virginia Santos (2024 Sandra Winfrey Advocacy Scholarship Recipient) will delve into the significance of advocacy, why it matters, and how you can actively participate in legislative affairs.