Virginia Lawyer VA Lawyer April 2019 : Page-43

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GENERAL INTEREST efforts to reduce evictions, including all six Housing Commission-endorsed bills, were successful this session, passing both chambers with extensive bipartisan support and signed into law by Governor Northam. As these stat-utory improvements become effective across the state, we hope to hear happier endings to eviction tales. Del. Lashrecse Aird had this to say of the legislative package: “Too many of my constituents have faced eviction even after they’ve paid the landlord. I was proud to patron one of the six policy recommendations by the Virginia Housing Commission, a bill to help families remain in their homes, because safe, stable, and affordable housing is the foundation of success for all of us.” Del. Betsy Carr echoed these sentiments: “Five cities in the Commonwealth of Virginia rank in the top ten of all cities in the nation in terms of eviction fi lings. Given the number of our cities experiencing high rates of eviction, we clearly have a systemic challenge rooted in state code. Accordingly, we have an obligation as the state legislature to address this situa-tion. The City of Richmond, that I am proud to represent in the House of Delegates, unfor-tunately ranks second in the entire country. The reasons for our high rate of evictions are many and varied; we have a high rate of poverty and we have a substantial number of rental properties. Evictions take their toll — on the families experiencing eviction, the landlords who pay the price for vacancy and turnover, and the taxpayers who pay for all the residual costs associated with evictions.” 1. Written Leases – HB2054 sponsored by Del. Betsy Carr (D-Richmond); SB1676 sponsored by Sen. William M. Stanley Jr. (R-Franklin County) Perhaps more than any other profession, lawyers appreciate a written contract and consistent rules that govern all contracts. As of July 1, 2019, the VRLTA will require written leases for residential tenancies. If no written lease is provided, seven default provisions will apply, including the explicit application of the VRLTA to oral leases. This improvement will clarify the rights and responsibilities of both landlords and tenants. 2. One Case at a Time and Required Evidence – HB1922 sponsored by Del. Jeff Bourne (D-Richmond); SB1627 sponsored by Sen. George Barker (D-Alexandria) www.vsb.org These companion bills attracted unan-imous support. Requiring landlords to amend an existing unlawful detainer rather than fi ling a subsequent action streamlines the judicial process and protects tenants’ credit records. Moreover, this newly enacted language strengthens the evidentiary basis for unlawful detainers — the court must receive the landlord’s proper notice to a tenant of the impending lease termination before order-ing possession to the landlord. Tenants need such information in order to mount possible defenses to the eviction action. Del. Bourne said of his bill, “As a lawyer and landlord, I know that evidence and accu-racy matter. When a tenant is late paying rent, the landlord should have to prove they gave proper notice to evict before proceeding to do so. And if additional rent becomes due after the landlord fi les for eviction, amendment of the existing lawsuit is the proper procedure, not another fi ling that can cost that tenant more fees and credit hits.” 3. Pay and Stay – SB1445 sponsored by Sen. Mamie Locke (D-Hampton); HB1898 sponsored by Del. Jennifer Carroll Foy (D-Prince William) When this bill becomes law July 1, 2019, tenants will have signifi cantly more time to repay all of their debt to a landlord to avoid eviction. If a tenant can pay rent, fees, and court costs at least two days before the sched-uled eviction, they get to stay! For low-and moderate-income Virginians, an unforeseen expense can ruin a carefully balanced budget. With more time to come current, tenants can wait to receive another paycheck or secure a loan in order to save their housing. This “redemption” also assures landlords are made completely whole. Unfortunately, this right of redemption is only allowed once every 12 months, 3 but that one chance can make all the difference for a family living paycheck to paycheck. 4. Use Writ or Lose Writ – HB2007 spon-sored by Del. Lashrecse Aird (D-Petersburg); SB1448 sponsored by Sen. Mamie Locke (D-Hampton) An important parallel to the elongated “pay and stay” provision is the new require-ment that a landlord either use their writ or lose their writ. Under this legislation, landlords have only 180 days, down from 12 months in the prior law, to transform the GENERAL INTEREST FEATURES | Vol. 67 | April 2019 | VIRGINIA LAWYER 43

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