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2020 SPECIAL SESSION I

Unfinished Business - House

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H.B. 5106. A BILL to amend and reenact § 55.1-1245 of the Code of Virginia, relating to landlord and tenant, noncompliance with rental agreement; prohibition on using negative credit information arising from the COVID-19 pandemic against tenants or applicants for tenancy; penalty; emergency. 20200990D

Patrons--Cole, J.G., Convirs-Fowler, Askew, Adams, D.M., Aird, Ayala, Bagby, Bourne, Carr, Carroll Foy, Carter, Guzman, Hayes, Helmer, Hope, Hurst, Jenkins, Keam, Kory, Levine, Lindsey, McQuinn, Plum, Price, Rasoul, Samirah, Scott and Watts

Passed the House of Delegates September 3, 2020 (54-Y 44-N)

Passed the Senate with amendments September 25, 2020 (20-Y 16-N)

House rejected Senate amendments October 2, 2020 (0-Y 97-N)

Senate insisted on amendments and requested Committee of Conference October 7, 2020

House acceded to request for Committee of Conference October 7, 2020

AMENDMENT(S) PROPOSED BY THE SENATE

GENERAL LAWS AND TECHNOLOGY

    1. Line 107, engrossed, after against
      strike
        a tenant or
      insert
        an

GENERAL LAWS AND TECHNOLOGY

    2. Line 107, engrossed, after on
      strike
        any adverse item related to

GENERAL LAWS AND TECHNOLOGY

    4. Line 113, engrossed, after to the
      strike
        the remainder of line 113

GENERAL LAWS AND TECHNOLOGY

    5. Line 119, engrossed, after subsection, the
      strike
        tenant or

 SEN. BARKER

    1. Line 112, engrossed, after determination,
      strike
        a
      insert
        then the landlord shall provide written notice of the denial and the individual’s right to assert that his failure to qualify was the result of 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, in addition to the written notice, the landlord contacts the applicant through email, text message, phone call, or other communication and the tenant asserts that the failure to qualify was not the result of such recent payment history or eviction, the landlord may proceed with using the information from the report. If the landlord does not receive a response from the applicant within three business days, the landlord may proceed with using the information from the report without additional action. If the landlord does receive a response from the applicant asserting such right, the