Files
republic-os/legislation/us/states/va/2020speciali/hb-5106.md
T
2026-07-06 17:28:36 -04:00

143 lines
11 KiB
Markdown
Raw Blame History

This file contains ambiguous Unicode characters
This file contains Unicode characters that might be confused with other characters. If you think that this is intentional, you can safely ignore this warning. Use the Escape button to reveal them.
---
type: "Bill"
title: "Landlord and tenant; noncompliance with rental agreement, reporting negative credit information."
description: "Landlord and tenant; noncompliance with rental agreement; prohibition on using negative credit information arising from the COVID-19 pandemic against applicants for tenancy; penalty. Provides that a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth shall not take any adverse action against an applicant for tenancy based solely on 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 such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based upon payment history or an eviction based on nonpayment of rent that occurred during the proscribed period. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period. The bill permits a tenant or applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements."
jurisdiction: "us/states/va"
legislature: "Virginia General Assembly"
session: "2020specialI"
identifier: "HB 5106"
citation: "Virginia HB 5106 (2020specialI)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: []
version_count: 6
action_count: 72
vote_count: 14
first_action: "2020-08-21"
last_action: "2020-11-09"
source: "openstates"
source_identifier: "ocd-bill/6377086b-f18c-4df9-8e83-2c92c3254393"
source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+HB5106"
source_hash: "643ae7a4d77272e7c00c5ee813327c1099984d200a4e23cb395513d19f6fa207"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-va"]
---
# Virginia HB 5106 (2020specialI) — Landlord and tenant; noncompliance with rental agreement, reporting negative credit information.
Landlord and tenant; noncompliance with rental agreement; prohibition on using negative credit information arising from the COVID-19 pandemic against applicants for tenancy; penalty. Provides that a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units in the Commonwealth shall not take any adverse action against an applicant for tenancy based solely on 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 such a landlord denies an applicant for tenancy, the bill requires the landlord to provide the applicant written notice of the denial and of the applicant's right to assert that his failure to qualify was based upon payment history or an eviction based on nonpayment of rent that occurred during the proscribed period. If a landlord does receive a response from the applicant asserting such a right, and the landlord relied upon a consumer or tenant screening report, the landlord must make a good faith effort to contact the generator of the report to ascertain whether such determination was due solely to the applicant for tenancy's payment history or an eviction for nonpayment that occurred during the proscribed period. The bill permits a tenant or applicant for tenancy to recover damages of up to $1,000, along with attorney fees, from landlords who do not comply with these requirements.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Acts of Assembly Chapter text (CHAP0047)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0047)
2. **Bill text as passed House and Senate (HB5106ER)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106ER)
3. **Engrossed by House - committee substitute with amendments HB5106EH1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106EH1)
4. **HB5106H2** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H2)
5. **Impact statement from DPB (HB5106H3)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106H3)
6. **Reenrolled bill text (HB5106ER2)** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5106ER2)
## Votes
- Constitutional reading dispensed (35-Y 0-N) — **35–0** (pass) · upper
- VOTE: Adoption (55-Y 43-N) — **54–43** (pass) · lower
- Passed Senate with amendments (20-Y 16-N) — **20–16** (pass) · upper
- VOTE: Adoption (0-Y 97-N) — **0–96** (fail) · lower
- Conference report rejected by Senate (1-Y 37-N) — **1–37** (fail) · upper
- Senate insisted on amendments (22-Y 12-N) — **22–12** (pass) · upper
- Reported from General Laws and Technology with amendments (8-Y 3-N 3-A) — **8–3** (pass) · upper
- Conference report agreed to by Senate (22-Y 14-N) — **22–14** (pass) · upper
- VOTE: Rejected (0-Y 90-N) — **0–89** (fail) · lower
- Reported from General Laws with substitute (12-Y 8-N) — **12–8** (pass) · lower
- Senate requested second conference committee (28-Y 9-N) — **28–9** (pass) · upper
- Senate concurred in Governor's recommendation (23-Y 16-N) — **23–16** (pass) · upper
- VOTE: Agreed To (57-Y 42-N) — **56–42** (pass) · lower
- VOTE: Passage (54-Y 44-N) — **53–44** (pass) · lower
## Timeline
The legislative action history — every referral, reading, and vote.
- **2020-08-21** Presented and ordered printed with emergency clause 20200742D `introduction`
- **2020-08-21** Referred to Committee on General Laws `referral-committee`
- **2020-08-24** House committee, floor amendments and substitutes offered
- **2020-08-24** Committee substitute printed 20200990D-H1 `substitution`
- **2020-08-24** Reported from General Laws with substitute (12-Y 8-N) `committee-passage`
- **2020-08-26** Read first time `reading-1`
- **2020-08-27** Passed by for the day
- **2020-08-28** House committee, floor amendments and substitutes offered
- **2020-08-28** Read second time `reading-2`
- **2020-08-28** Committee substitute agreed to 20200990D-H1
- **2020-08-28** Amendment by Delegate Simon agreed to `amendment-passage`
- **2020-08-28** Amendments by Delegate Convirs-Fowler agreed to `amendment-passage`
- **2020-08-28** Emergency clause deleted
- **2020-08-28** Engrossed by House - committee substitute with amendments HB5106EH1
- **2020-08-28** Printed as engrossed 20200990D-EH1
- **2020-09-03** Read third time and passed House (54-Y 44-N) `passage, reading-3`
- **2020-09-03** VOTE: Passage (54-Y 44-N)
- **2020-09-04** Constitutional reading dispensed
- **2020-09-04** Referred to Committee on General Laws and Technology `referral-committee`
- **2020-09-08** Impact statement from DPB (HB5106EH1)
- **2020-09-18** Senate committee, floor amendments and substitutes offered
- **2020-09-18** Reported from General Laws and Technology with amendments (8-Y 3-N 3-A) `committee-passage`
- **2020-09-24** Constitutional reading dispensed (35-Y 0-N)
- **2020-09-25** Read third time `reading-3`
- **2020-09-25** Reading of amendments waived
- **2020-09-25** Committee amendments #'s 1,2,4,5 agreed to
- **2020-09-25** Committee amendment #3 rejected
- **2020-09-25** Reading of amendment waived
- **2020-09-25** Amendment by Senator Barker agreed to `amendment-passage`
- **2020-09-25** Engrossed by Senate as amended
- **2020-09-25** Passed Senate with amendments (20-Y 16-N) `passage`
- **2020-09-29** Passed by for the day
- **2020-10-02** Placed on Calendar
- **2020-10-02** Senate amendments rejected by House (0-Y 97-N)
- **2020-10-02** VOTE: Adoption (0-Y 97-N)
- **2020-10-07** Senate insisted on amendments (22-Y 12-N)
- **2020-10-07** Senate requested conference committee
- **2020-10-07** House acceded to request
- **2020-10-07** Conferees appointed by House
- **2020-10-07** Conferees appointed by Senate
- **2020-10-14** Amended by conference committee
- **2020-10-14** Conference substitute printed 20201355D-H2
- **2020-10-14** Conference report rejected by House (0-Y 90-N)
- **2020-10-14** VOTE: Rejected (0-Y 90-N)
- **2020-10-14** Passed by temporarily
- **2020-10-14** Conference report rejected by Senate (1-Y 37-N)
- **2020-10-14** Senate requested second conference committee (28-Y 9-N)
- **2020-10-14** House acceded to request for second conference committee
- **2020-10-14** Second conferees appointed by House
- **2020-10-16** Second conferees appointed by Senate
- **2020-10-16** Amended by conference committee
- **2020-10-16** Second Conference substitute printed 20201382D-H3
- **2020-10-16** Conference report agreed to by Senate (22-Y 14-N)
- **2020-10-16** Conference report agreed to by House (Y-57 N-42)
- **2020-10-16** VOTE: Agreed To (57-Y 42-N)
- **2020-10-28** Enrolled
- **2020-10-28** Impact statement from DPB (HB5106H3)
- **2020-10-28** Signed by Speaker
- **2020-10-30** Signed by President
- **2020-10-30** Enrolled Bill communicated to Governor on October 30, 2020
- **2020-10-30** Governor's Action Deadline 11:59 p.m., November 6, 2020
- **2020-11-02** Impact statement from DPB (HB5106ER)
- **2020-11-05** Governor's recommendation received by House
- **2020-11-09** House concurred in Governor's recommendation (55-Y 43-N)
- **2020-11-09** VOTE: Adoption (55-Y 43-N)
- **2020-11-09** Senate concurred in Governor's recommendation (23-Y 16-N)
- **2020-11-09** Governor's recommendation adopted
- **2020-11-09** Reenrolled
- **2020-11-09** Reenrolled bill text (HB5106ER2)
- **2020-11-09** Signed by Speaker as reenrolled
- **2020-11-09** Signed by President as reenrolled
- **2020-11-09** Enacted, Chapter 47 (effective 3/1/21) `became-law`
## Source
OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/6377086b-f18c-4df9-8e83-2c92c3254393`. Confidence: reported (aggregated from official Virginia legislature records).