The Good, The Bad, and the Ugly: Pre-Session General Assembly Snapshot
By Tommy Herbert
On Wednesday, January 11, a few usually-sleepy blocks of downtown Richmond will spring alive when hundreds of political pilgrims come to Mr. Jefferson’s Capitol from all around Virginia to participate in one of the oldest traditions in America, the Virginia General Assembly Session. Our part-time legislature will be meeting (putatively) for 46 days as is customary in odd-numbered years this year. Both Chambers of the legislature are held by the slimmest majorities, Democrats control the Senate of Virginia 21-18 until now-Congresswoman Jen Kiggans’ seat is filled, and Republicans control the House of Delegates 51-48 until the seat of the late Delegate Ronnie Campbell is also filled.
Here follows a quick snapshot of a few things on VAMA’s radar as the Session starts. It is not comprehensive by any means, and we hope to have more updates to you over the course of Session with more details on more bills as they become available.
The Good
Virginia’s Governor, Glenn Youngkin, has acknowledged and prioritized the fight to build Virginia out of the deep housing shortage that we have fallen into with the release of his “Make Virginia Home” plan, which will put more tools in the hands of localities to respond to obstructive NIMBY opposition and restrictive permitting and zoning challenges where appropriate. Some legislation and/or budget language is expected in support of this, and we look forward to learning more details about the Governor’s plan.
The Commonwealth could soon have new and better data at hand to track the resolution of granted orders of possession and writs of eviction, thanks to a proactive bill being brought by VAMA. If passed, the bill will centralize data that is already being collected de facto in Virginia’s General District Clerks’ offices in an annual report to the General Assembly about how many orders of possession are actually executed as writs of eviction versus how many resolve elsewise. With better data about the prevalence and density of eviction around Virginia, we can form better policy to shore up housing stability.
The Bad
There are several bills that present concerns for VAMA’s members and their businesses, but there is no single issue that threatens more destruction than that of rent control. A bill was brought and defeated last year to allow localities to institute rent control ordinances, and it will be returning fresh this year. What’s worse, the way the bill is written would essentially outlaw any rent increase above the annual increase in the Consumer Price Index, which would constitute one of the strictest rent control standards that has ever been attempted by a western country. VAMA will oppose this bill vigorously.
A renewed effort will also be made to lengthen the mandatory pre-filing notice period from 5 days back to the 14 days that was part of Virginia’s temporary emergency COVID-19 response over the course of 2020-2022. This bill was brought and defeated last year, but represents a priority for its patron. VAMA’s opposition to the concept centers on the unique nature of the court process for eviction in the Commonwealth. Any resident can use an “unlimited right of redemption,” to cancel an eviction for nonpayment by paying current at any point in the process pre- or post-court up until 48 hours prior to the Sheriff actually executing an eviction. Thus, extending notice periods prior to court filing functionally hurts housing providers without providing any real benefit to at-risk residents.
The Ugly
Virginia’s legislature itself is the star here. On the precipice of a legitimately historic election year, with a scant 46 days to work hundreds of bills through a sharply divided General Assembly, progress will be hard to come by not only for housing providers or housing advocates, but for just about any issue that can be politicized. Any bill that looks in good shape to the House Republican majority will face deep scrutiny by the Senate Democratic majority when it inevitably goes in front of them and vice versa. The slim majorities are fertile ground for partisan skullduggery and parliamentary tricks from both sides to frustrate the other.
Beyond good governance, big political stakes exist everywhere as all 140 seats of the General Assembly are up for election this year, and all of those districts have recently been redrawn under a completely different paradigm than Virginia has used historically. The complex nature of housing issues means that VAMA and other like organizations stand at the intersection of both of the parties. Some of our priorities lend themselves better to one party and some to the other. This gives us a fighting chance, but by no means a smooth journey to accomplishing our goals.