Bills affecting real estate, realtors and renters

Published 12:29 pm Friday, May 24, 2019

This week I am highlighting bills that pertain to the real estate business, realtors and renters. Additionally, current status, full summary, and exact text of each bill can be found at http:lis.virginia.gov.

HB2352 Real Estate Board; real estate licensees. (Miyares-R-82) Clarifies that the Real Estate Board (the Board) may establish criteria delineating the permitted activities of unlicensed individuals employed by, or affiliated as an independent contractor with, real estate licensees or under the supervision of a real estate broker. Status: Passed the House with amendments 99-Y, 0-N. Passed the Senate 40-Y, 0-N. Approved by Governor-Chapter 395. Effective July 1.

HB2719 Health insurance; small employers. (Pillion-R-4) Revises the definition of “small employer” for purposes of group health insurance policies to provide that an individual who performs any service for remuneration under a contract of hire for (i) a corporation in which he is a shareholder or an immediate family member of a shareholder, or (ii) a limited liability company in which he is a member, regardless of the number of members of the limited liability company, shall be deemed to be an employee of the corporation or the limited liability company. Status: Passed the House with amendments 99-Y, 0-N. Passed the Senate 40-Y, 0-N. Approved by Governor-Chapter 383. Effective July 1.

HB2443 Group health benefit plans; bona fide associations, etc. (Wilt-R-26) Authorizes a trust constitutes a benefits consortium and is authorized to sell health benefits plans to members of a sponsoring association, which is a nonstock corporation that, among other conditions, has at least five members, has been formed for purposes other than obtaining or providing health benefits, and operates as a nonprofit entity. Status: Passed the House with substitute 67-Y, 31-N. Passed the Senate with substitute with amendment 29-Y, 11-N. Senate substitute with amendment agreed to by House 67-Y, 30-N. Governor substitute rejected 34-Y, 64-N. Vetoed by Governor May 2.

HB2218 Va. Consumer Protection Act; prohibited practices, unlawful practice of an occupation or profession. (Bourne-D-71) Makes the unlawful and unlicensed practice of contracting, real estate brokering or real estate sales, in connection with a consumer transaction, unlawful under the Virginia Consumer Protection Act. Status: Passed the House 99-Y, 0-N. Passed Senate 40-Y, 0-N. Approved by Governor-Chapter 521. Effective July 1.

HB1922 Summons for unlawful detainer; initial hearing, subsequent filings, termination notice. (Bourne-D-71) Provides that if an initial hearing on a summons for unlawful detainer cannot be held within 21 days from the date of filing, it shall be held as soon as practicable, but not later than 30 days after the date of the filing. Status: Passed the House with substitute 99-Y, 0-N. Passed the Senate 40-Y, 0-N. Approved by the Governor. Effective July 1.

HB2007 Eviction; writs of possession and eviction. (Aird-D-63) Changes the terminology from writ of possession to writ of eviction for the writ executed by a sheriff to recover real property pursuant to an order of possession. The bill specifies that an order of possession remains effective for 180 days after being granted by the court and clarifies that any writ of eviction not executed within 30 days of its issuance shall be vacated as a matter of law, and no further action shall be taken by the clerk. Status: Passed the House with amendments 96-Y, 0-N. Passed the Senate with substitute 40-Y, 0-N. Senate substitute agreed to by House. Approved by Governor-Chapter 700. Effective July 1.

HB2054 Virginia Residential Landlord and Tenant Act; rental agreement, provisions made applicable by law. (Carr-D-69) Requires a landlord to offer the tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord tenant relationship. Status: Passed the House 96-Y, 0-N. Passed by the Senate 39-Y, 0-N. Approved by Governor-Chapter 5. Effective July 1.

HB2385 Condominium Act and Property Owners’ Association Act; delivery of condominium resale certificates. (Bulova-D-37) Provides that a purchaser of a unit subject to the Condominium Act or a lot subject to the Property Owners’ Association Act who receives a condominium resale certificate or association disclosure packet which is not in conformity with law may cancel the contract for such unit or lot (i) within three days after the date of the contract if the resale certificate or disclosure packet is received on or before the date that the purchaser signs the contract, (ii) within three days of receiving the resale certificate or disclosure packet if the resale certificate or disclosure packet is hand delivered, delivered by electronic means, or delivered by a commercial overnight delivery service or the United States Postal Service, and a receipt obtained; or (iii) within six days after the postmark date if the resale certificate or disclosure packet is sent to the purchaser by United States mail. Status: Passed the House 99-Y, 0-N. Passed the Senate 40-Y, 0-N. Approved by the Governor-Chapter 364. Effective July 1.

HB2655 Eviction Diversion Pilot Program; established, report. (Collins-R-29) Establishes the Eviction Diversion Pilot Program (the Program), consisting of specialized dockets within the existing structure of the general district courts for the cities of Danville, Hampton, Petersburg and Richmond. Status: Passed the House with substitute 99-Y, 0-N. Passed the Senate 40-Y, 0-N. Approved by Governor-Chapter 355. Effective – see bill.

Del. C. Matthew Fariss represents Buckingham in the Virginia House of Delegates. His email address is DelMFariss@house.virginia.gov.