Public Comments for 01/25/2024 General Laws - Housing/Consumer Protection
HB192 - Landlord and Tenant Fairness Act; established.
Last Name: Bader Locality: Arlington

This bill, HB 192, unfortunately contains a rent control provision. Economists overwhelmingly say rent control is bad, and that it reduces the quality and quantity of housing over the long run. In a 1992 poll, 93 percent of them agreed that rent control reduces the quantity and quality of housing available. As the Wall Street Journal observes, “If there’s any consensus in economics, it’s that rent control achieves the opposite of its intended goal. It leads to housing shortages by discouraging new development and maintenance of existing properties." HB192 would restrict rent increases to “one percent over the Consumer Price Index” in places where the rental vacancy rate is “less than 10 percent,” if the “Consumer Price Index … is greater than five percent.” According to one website, Virginia has a rental vacancy rate of around 4%, well below 10%, so this would potentially apply to most of the state in the future. The bill does not allow larger rent increases even to pay for things like major capital improvements. If enacted, it would reduce both the quality and quantity of housing in Virginia. A failure to allow rent increases to pay for upgrades has concerned even staunchly progressive legislators in the past, like the current chair of the senate general laws committee, who worried in 2023 that a rent control “proposal could keep landlords from paying for maintenance needs or changes. ‘I’m sympathetic, I have a lot of constituents, including some who spoke about the high cost of housing, and I’ve got a lot rental housing in my district,’ Sen. [Adam] Ebbin said" in 2023. "But I’m wondering if we’re going to limit them to consumer price index, if you have a apartment complex, particularly a large one that needs some kind of major renovations or wants to upgrade, that you’re really kind of handcuffing them.” This is a concern that has historically been shared even by liberal economists. As the liberal Brookings Institution notes, “Rent control can also lead to decay of the rental housing stock; landlords may not invest in maintenance because they can’t recoup these investment by raising rents.” When landlords can’t raise rents to pay for repairs and renovations, they may let apartment buildings decay. After New York limited rent increases to pay for major capital improvements to 2 percent, landlords cut back on improvements. A survey of rent-stabilized landlords found that when rent increases were curbed, "Three out of four reported cutting back on essential building-wide repairs, such as a roof or boiler replacement...Nearly 90 percent said they had forgone kitchen or bathroom renovations. Just over half decided against revamping their buildings’ security systems...Efficiency upgrades have also been pushed to the back burner....A quarter said they opted against installing fuel computers, which...reduce a building’s energy consumption." Rent control reduces the value of housing, cutting property tax revenue that funds schools and local governments. “Researchers at the University of Southern California said rent control hurt property values in St. Paul, Minn. by $1.6 billion,” according to Market Watch. Even mild rent control causes problems. In July 2023, Maryland’s Montgomery County imposed rent control. Some housing projects stopped as a result, according to Montgomery Perspective, citing a "Montgomery County-based developer" stopping new construction, and "six other developers...stopping further projects."

HB214 - Common interest communities; residents providing certain services exemption.
No Comments Available
HB352 - Va. Residential Landlord & Tenant Act; early termination for military personnel, stop certain order.
No Comments Available
HB364 - Local government; water-filled fire sprinkler systems.
Last Name: Neil Organization: City of Portsmouth, VA Locality: Hampton

The City of Portsmouth supports this bill, and asks that this body do the same. We are in support of adding this requirement from a fire and life safety perspective. This will ultimately drive up the initial first costs, but in the name of safety, could prevent the potential loss of life, and likely result in cheaper insurance costs for the building's life expectancy. The additional costs will be added to the consumer.

HB477 - Eviction Diversion Pilot Program; extends expiration of Program to July 1, 2025.
No Comments Available
HB484 - Consumer fireworks; authorizes use, penalities.
No Comments Available
HB588 - VA Residential Landlord &Tenant Act; fire/casualty damage, landlord requirements for termination.
No Comments Available
HB597 - Virginia Residential Landlord and Tenant Act; enforcement by localities.
No Comments Available
HB701 - Virginia Residential Landlord and Tenant Act; routine maintenance, notice to tenant.
No Comments Available
HB876 - Resale Disclosure Act; delivery of resale certificate, remedies.
No Comments Available
HB880 - Common interest communities; foreclosure remedy.
No Comments Available
HB917 - Real estate broker; definition.
No Comments Available
HB922 - Common interest communities; associations may ban use of pesticides in or upon any common area.
Last Name: Ronald Gaskill Organization: Virginia Pest Management Association Locality: Fairfax Station

Comments Document

The Virgnia Pest Managment Association strongly opposes HB 922 because it conveys authority to a non-governmental entity, which is not likely to possess the required scientific knowledge to evaluate the impact of pesticides on human health and the environment, to ban a pesticide product from being used on common property within a community. Such authority of the non-governmental entity to determine if a pesticide will or will not be used on such common property, already exists under current statute. The entity does not need additional authority to "ban" a pesticide if it chooses not to use the pesticide on common property.

Last Name: Moore Organization: The National Pest Management Association Locality: Fairfax

Comments Document

Included a file with NPMA's written testimony.

HB1105 - Zoning for Housing Production Pilot Program; created, affordable dwelling unit policy incentives.
Last Name: Cordeaux Locality: Newark

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Last Name: Spiro Locality: Hamburg Finkenwerder

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Last Name: Penniman Organization: Volunteer Locality: Reston

Comments Document

Supplementing my earlier comments with proposed language in a format commonly used. As previously noted, to better align the proposal with existing code provisions in § 15.2-2201 and § 15.2-2305.1, which address local programs for affordable housing, two definitions need to be changed to recognize that housing burdens result from the combination of rent and utilities and that some rental agreements include utilities while others do not. Two alternative ways to achieve this friendly amendment are 1. Use the phrase “sum of rent and utilities” as follows: Change Line 20 either to: 20 "Affordable housing" means a dwelling for which the sum of rent and utilities is no greater than 30 percent of the total AND Change Line 30 to: 30 "Moderately priced housing" means housing for which the sum of rent and utilities is no more than 30 percent of the 2. ALTERNATIVELY use the language of other code sections “gross housing costs, including utilities” or similar language “gross housing costs, including rent and utilities” Change Line 20 to state: 20 "Affordable housing" means a dwelling for which the gross housing costs, including rent and utilities, are is no greater than 30 percent of the total AND Change Line 30 "Moderately priced housing" means housing for which the gross housing costs, including rent and utilities, are is no more than 30 percent of the

Last Name: Penniman Organization: Volunteer Locality: Reston

I strongly support the goals of HB1105. However, achieve them requires that the definitions of “Affordable housing” and “Moderately priced housing” be amended to base the measure of affordability on the "sum of rent and utility costs" or on "gross housing costs, including utilities" or "gross housing costs, including rent and utilities." Making these friendly amendments: • Would recognize that housing cost burdens result from the combination of rent and utility costs • Would align the proposal with other statutory definitions of “affordable housing” which define affordability as housing in which “the occupant pays no more than thirty percent of his gross income for gross housing costs, including utilities.” See § 15.2-2201 and § 15.2-2305.1, which address local programs for affordable housing. • Would avoid confusion from Inconsistent definitions of affordability. • Would address the fact that the some rental agreements include utilities in the rent, while others charge separately. • Would encourage landlords both to reduce rents and to improve energy efficiency in buildings. Appropriate amendments could be in either of two ways: 20 "Affordable housing" means a dwelling for which the sum of rent and utilities is no greater than 30 percent of the total 21 household income of a household earning 80 percent of the area median income and that is held 22 available for persons or families that have a household income no greater than 80 percent of the area 23 median income. and 30 "Moderately priced housing" means housing for which the sum of rent and utilities is no more than 30 percent of the 31 income of a tenant whose income is no greater than the area median income. OR (combining rent with the "gross housing cost" language in other sections) 20 "Affordable housing" means a dwelling for which the gross housing costs, including rent and utilities, are is no greater than 30 percent of the total 21 household income of a household earning 80 percent of the area median income and that is held 22 available for persons or families that have a household income no greater than 80 percent of the area 23 median income. and 30 "Moderately priced housing" means housing for which the gross housing costs, including rent and utilities, are is no more than 30 percent of the 31 income of a tenant whose income is no greater than the area median income.

HB1209 - Common interest communities; reserve studies, special assessment rescission or reduction.
No Comments Available
HB1270 - Virginia Consumer Protection Act; mold remediation, prohibited acts.
Last Name: Gray Locality: Richmond

Comments Document

I have experienced the effects of living in a moldy environment 3 separate times, with the landlord each time having little to no appreciation for the severity of the health concern it presented to me as the tenant. The first time, in Charlottesville, a pipe burst in the upstairs apartment and a 2-3 foot wide hole was left to drip in our living room for weeks while black mold grew on the ceiling. Even after directly stating in my email to the landlord that my roommate and I were experiencing health concerns, it was not taken seriously. After this exposure, I developed a chronic illness called CIRS (chronic inflammatory response syndrome) which is an environmentally acquired illness from mold toxicity. This affects all systems of the body, not just the respiratory system, and the illness has disabling symptoms such as intense fatigue, brain fog, and vertigo. In Richmond I had two similar experiences, one of them leading to my roommate and I almost bringing the landlord to court after receiving no response from her for over a month regarding the two water damaged areas which were actively growing mold and continued to leak every time it rained. I have attached photos of this residence. This is a huge issue, especially for individuals with limited income who have few options when looking for a place to live. Low income renters often end up living in much older buildings that are falling apart and will have shoddy mold “remediation” if a problem does visibly present itself. I have seen first hand how mold issues will be lower on the list of priorities of the rental company who will take advantage of the fact that renters have no other option but to accept the conditions of their residence. People with fixed incomes are also more likely to lack the means to treat the incredibly complex health conditions that mold will present. Renters will continue to suffer and get swept under the table as long as no one recognizes this as a problem.

Last Name: Wright-Zink Organization: Virginia Organizing Locality: Waynesboro

I have witnessed the extremely negative impact of mold first in the Fairfax County Public Schools where my husband was a teacher. So many schools have tried many times, unsucessfully, to "remediate" the mold, usually by painting over the mold. As a member of Virginia Organizing I have now seen the problem of mold impact the low income housing units in Waynesboro. One renter paid for her own mold inspection and the results were shocking. The epidemic of mold is threatening both the renters and the property owners, who cannot afford to remediate the problem once it has gotten past a certain point. The cost of the medical fallout will also be enormous. We cannot continue to turn a blind eye to this problem.

Last Name: Hefner Locality: Henrico

I am writing in support of tenants like myself for the above bills that would level the power dynamic in the landlord-tenant relationship. Rent is too high, conditions are poor, and we want to keep our community housed. Please support tenants, especially bills that allow us for our own experience without retaliation or feeling scared. We are in a housing crisis and we must escape it with a justice frame at the forefront.

Last Name: Grene Organization: Virginia Organizing Locality: Blacksburg

Mold is well-established as a health hazard in buildings, including homes. Low income renters are currently at the mercy of their landlords if and when they find mold in their rental, since there is no easy legal protection available to them. HB 1270 would afford a clear legal path to tenants, rather than being obliged to go to court themselves to oblige their landlords to establish a healthy living environment for their families.

Last Name: Hildebrand Organization: Virginia Organizing Locality: Blacksburg

We go to people’s houses in the NRV and the biggest issue that comes up at door after door is mold. “Get it out of our homes!” people beg. We asked them whether their landlords do anything about it and they say no. Landlords either ignore the problem or spray a little bleach on it and claim they’ve handled it, which they haven’t. HB1270 will make it so that building inspectors can be brought in to hold landlords accountable. They’ll come and tell landlords how exactly to mitigate mold properly so that it won’t keep coming back and causing health problems in folks of all ages. My cousins had to move house back in the day because mold hurt my cousin’s lungs so badly. His breathing and asthma were affected for years after. You have the power to protect people from this kind of dangerous mold. Please support HB1270 and get the mold out of NRV homes – so many people will thank you for it.

Last Name: Muhammed Locality: Portsmouth

Mold can affect the lungs, especially in older people and children who have weaker immune systems. This is why it's important to pass this bill. And no one should have to look at mold in their home. It's not pretty. And when it gets painted over, it seeps right back through.

Last Name: Chaves Locality: Blacksburg

Renters should not have to live with mold. When landlords don't properly remediate mold in rental housing, renters are faced with the decision to either break their lease, which can be a messy process and wind up in court, or to file a tenant's assertion, if they have the knowledge and means to do so. In this tight housing market, breaking a lease is not a great option. Over and over, we hear stories locally and in the media about landlords not responding to tenants' requests for repairs, particularly around mold. Regulating mold in the building code is important, because it allows local governments to step in and hold landlords accountable through building inspections.

Last Name: Hardney Scott Organization: VSC NAACP Richmond Branch NAACP Locality: richmond

I am writing on behalf of the VSC NAACP Housing Committee to express our strong support for the bills highlighted below that aim to enhance tenant protections and rights within our community. These proposed measures are crucial steps toward addressing the existing power imbalance between renters and landlords, which places renters at an elevated risk of housing instability, harassment, and homelessness. As you are aware, the disparity in power between renters and landlords is a significant concern that has far-reaching implications, particularly for marginalized communities. This power imbalance not only jeopardizes housing stability but also perpetuates racial inequity. Numerous studies have shown that communities of color are disproportionately affected by eviction and housing instability, exacerbating existing disparities. Tenant protections, when enacted into law, serve as a fundamental tool in preventing evictions and ensuring that renters can maintain stable housing. We firmly believe that these proposed bills, with their emphasis on enhancing tenant rights, will contribute significantly to rectifying the current imbalances and fostering a more equitable housing landscape. By supporting and advancing these bills, we collectively acknowledge the importance of safeguarding vulnerable renters, promoting housing stability, and working towards a more just and inclusive society. We urge you to consider the broader impact that these legislative measures can have on our community and to cast your support in favor of their passage. Thank you for your attention to this matter. We appreciate your dedication to serving the interests of our community and trust that you will carefully consider the positive impact that these bills can have on the lives of countless individuals and pass them accordingly. Sincerely, Tracey Hardney Scott Housing Committee Chair VSC NAACP Housing Committee

End of Comments