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2023 SESSION

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23103145D
SENATE BILL NO. 1127 Offered January 11, 2023 Prefiled January 10, 2023 A BILL to amend the Code of Virginia by adding a section numbered 55.1-1245.1, relating to Virginia Residential Landlord and Tenant Act; noncompliance with rental agreement; children and elderly tenants; notice to Department of Social Services. ---------- Patron-- Morrissey ---------- Referred to Committee on General Laws and Technology ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 55.1-1245.1 as follows:

§ 55.1-1245.1. Noncompliance with rental agreement; children and elderly tenants; notice to Department of Social Services.

Before a landlord serves written notice on a tenant of his intention to terminate the rental agreement of a tenant for noncompliance by the tenant with such rental agreement where an authorized occupant is (i) a dependent child younger than 18 years of age or (ii) a mentally or physically incapacitated elderly person, the landlord shall serve written notice of his intention to terminate such rental agreement to the Department of Social Services. Upon receipt of such notice, the Department of Social Services shall have five days to determine if suitable housing assistance is available for such tenant. The provisions of this section shall not apply if the dependent child is (i) attending college or boarding school, (ii) emancipated pursuant to Article 15 (§ 16.1-331 et seq.) of Chapter 11 of Title 16.1, (iii) a delinquent child as defined in § 16.2-228, or (iv) a resident of an assisted living facility as defined in § 63.2-100.

2. That the Board of Social Services shall promulgate regulations to implement the provisions of this act.