VirginiaHB3792026 Regular SessionHouseWALLET

Virginia Residential Landlord and Tenant Act; application, notice, deposit, fee.

Sponsored By: Jen Kiggans - to resign 12/31 (Republican)

Became Law

Summary

Virginia Residential Landlord and Tenant Act; application; notice, deposit, fee, and additional information. Provides that, prior to requesting or collecting any payment or information about a prospective tenant, a landlord shall first notify the applicant in writing or by posting in a manner accessible to a prospective tenant certain information relating to the rental application process. The bill has a delayed effective date of January 1, 2027.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 1 costs, 4 mixed.

Extra protection for abuse survivors renting

Landlords must consider proof that you are a victim of family abuse to reduce harm from issues like a low credit score, if you are otherwise qualified. Acceptable proof includes a letter from a sexual or domestic violence program, a HUD‑certified housing counselor, or an attorney; a police incident report; or a court order. If a landlord ignores this rule, you can recover your fees, deposits, related out‑of‑pocket costs, and attorney’s fees.

Standard rental application fees and refunds

Beginning July 1, 2027, landlords must give you written or posted notice before taking an application. The notice explains any fees or refundable deposits, how tenants are chosen, any automatic denials, the name and address of any credit-reporting agency, and your right to a free copy of the report and to dispute errors after an adverse action. Application fees are capped at $50 per application ($32 for public housing or HUD‑regulated units), not counting exact third‑party screening costs. Landlords may require written consent for criminal record checks and charge only the exact out‑of‑pocket cost for those checks. If you pay a refundable application deposit and do not rent or are rejected, the landlord must refund money beyond actual expenses within 20 days, or within 10 days if you paid by cash, certified or cashier’s check, or postal money order and the landlord rejected you. If the landlord keeps money wrongly, you can recover it and reasonable attorney’s fees.

Landlords can deny for safety risks

Owners can refuse or limit renting to people who pose a clear and present threat of substantial harm to others or to the property. They may also take adverse action against people convicted under federal law of illegally making or distributing controlled substances. These rules can block housing for applicants with serious safety risks or those convictions.

ID and occupancy rules for renters

Landlords can request information to check eligibility and may copy a photo ID that shows your Social Security number or DMV control number, unless federal law bars copying a U.S. government ID. They can require you to provide a Social Security number or an ITIN. Owners may set reasonable occupancy and safety rules based on bedrooms and unit size, and forms may ask how many people will live there, their ages, sex, and family ties. These rules must follow local, state, and federal occupancy limits.

Source of funds limits and 15-day rule

Owners who have four or fewer rental units in Virginia may deny or limit tenancy based on an applicant’s source of funds. This exemption does not apply if the owner holds more than a 10% interest in more than four rental units. Any owner may deny or limit tenancy if the payment source is not approved within 15 days after the applicant submits the request for tenancy approval. These rules can affect renters who rely on vouchers or third‑party payments.

Narrow housing law exemptions for small owners

Some small, private housing is not covered by the state landlord‑tenant law. A private owner with no more than three single‑family houses is generally exempt when selling or renting without using a broker or prohibited ads; if the owner did not live in the house, the sale exemption applies to only one sale every 24 months. Rooms or units in buildings with up to four families are exempt when the owner lives in one unit. Religious groups, related nonprofits, and private clubs running noncommercial housing may limit occupancy or prefer members or co‑religionists, but they still cannot discriminate based on protected traits like race, sex, or disability.

Sponsors & Cosponsors

Sponsor

  • Jen Kiggans - to resign 12/31

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 313 • No: 144

Senate vote 4/22/2026

Senate concurred in Governor's recommendation

Yes: 23 • No: 16

House vote 4/22/2026

House concurred in Governor's recommendation

Yes: 65 • No: 35

House vote 3/10/2026

Senate substitute agreed to by House

Yes: 62 • No: 35

Senate vote 3/9/2026

General Laws and Technology Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/9/2026

Passed Senate with substitute

Yes: 25 • No: 15

Senate vote 3/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/6/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote 3/4/2026

Reported from General Laws and Technology with substitute

Yes: 15 • No: 0

House vote 2/16/2026

Read third time and passed House

Yes: 63 • No: 34

House vote 2/10/2026

Reported from General Laws with substitute

Yes: 15 • No: 6

House vote 2/5/2026

Subcommittee recommends reporting with substitute

Yes: 6 • No: 3

House vote 2/5/2026

Reconsidered by Subcommittee (Voice Vote)

Yes: 0 • No: 0

House vote 1/29/2026

Subcommittee recommends continuing to 2027 (Voice Vote)

Yes: 0 • No: 0

Actions Timeline

  1. Senate concurred in Governor's recommendation (23-Y 16-N 0-A)

    4/22/2026Senate
  2. House concurred in Governor's recommendation (65-Y 35-N 0-A)

    4/22/2026House
  3. Acts of Assembly Chapter text (CHAP1050)

    4/22/2026Governor
  4. Reenrolled bill text (HB379ER2)

    4/22/2026House
  5. Approved by Governor-Chapter 1050 (Effective 1/1/2027)

    4/22/2026Governor
  6. Signed by President

    4/22/2026Senate
  7. Signed by Speaker

    4/22/2026House
  8. Governor's recommendation adopted

    4/22/2026Governor
  9. Governor's recommendation received by House

    4/12/2026Governor
  10. Fiscal Impact Statement from Department of Planning and Budget (HB379)

    4/1/2026House
  11. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  12. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  13. Signed by Speaker

    3/31/2026House
  14. Bill text as passed House and Senate (HB379ER)

    3/30/2026House
  15. Enrolled

    3/30/2026House
  16. Signed by President

    3/30/2026Senate
  17. Senate substitute agreed to by House (62-Y 35-N 0-A)

    3/10/2026House
  18. Passed Senate with substitute (25-Y 15-N 0-A)

    3/9/2026Senate
  19. General Laws and Technology Substitute agreed to

    3/9/2026Senate
  20. Engrossed by Senate - committee substitute

    3/9/2026Senate
  21. Read third time

    3/9/2026Senate
  22. Passed by for the day Block Vote (Voice Vote)

    3/6/2026Senate
  23. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/6/2026Senate
  24. Rules suspended

    3/6/2026Senate
  25. Fiscal Impact Statement from Department of Planning and Budget (HB379)

    3/6/2026House

Bill Text

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