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2022 SESSION

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22105899D
HOUSE BILL NO. 160 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 8, 2022) (Patron Prior to Substitute--Delegate Mundon King) A BILL to amend the Code of Virginia by adding a section numbered 55.1-1209.1, relating to the Virginia Residential Landlord and Tenant Act; employees of the landlord; rental dwelling unit keys and electronic key codes.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 55.1-1209.1 as follows:

§ 55.1-1209.1. Employees of the landlord; rental dwelling unit keys and electronic key codes; policies and procedures.

A. As used in this section, "key" means any physical or electronic mechanism used to gain access to a rental dwelling unit.

B. Any landlord who owns (i) more than four rental dwelling units in the Commonwealth or (ii) more than a 10 percent interest, either individually or through a business entity, in more than four rental dwelling units in the Commonwealth shall establish:

1. A policy requiring any applicant for employment in any position that will have access to keys for each rental dwelling unit to be subject to a pre-employment criminal history records check; and

2. Written policies and procedures regarding the (i) storage, issuance and return, and security of; (ii) access to; and (iii) if applicable, usage and deactivation of rental dwelling unit keys and electronic key codes.

C. The provisions of this section shall not apply to (i) a financial institution, as defined in § 6.2-100, or (ii) any person who is a real estate licensee pursuant to Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1.