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A BILL to amend the Code of Virginia by adding a section numbered
15.2-959.1
, relating to local rent stabilization authority; civil penalty.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
15.2-959.1
as follows:
§
15.2-959.1
. Local rent stabilization authority
; civil penalty
.
A.
Notwithstanding the provisions of the
Virginia Residential Landlord and Tenant Act (§
55.1-1200
et seq.)
or
any other provision of law, general or special,
any locality may by ordinance adopt
rent stabilization provisions in accordance with this section. No such ordinance shall be adopted until the proposed ordinance has been
posted on the locality's website
and
advertised
in a newspaper of general circulation
in the locality at least two weeks prior to a public hearing on such ordinance.
B.
An ordinance adopted pursuant to this section may require any landlord subject to the ordinance to provide
up to a two-month written notice of a rent increase and
shall prohibit any
increase
in
the rent
by
such landlord of
more than the
locality's
rent stabilization allowance in effect at the time of the increase.
C.
A locality that adopts an ordinance pursuant to this section
:
1.
S
hall
calculate
an
annual rent stabilization allowance
equal to the percentage increase in the Consumer Price Index
,
for the region in which the locality sits
,
from
March
in the preceding year to
March in the current year.
Notice of such allowance shall be published on the locality's website by June 1 of each year. Such allowance
shall remain in effect for a 12-month period beginning July 1
.
2
.
May
allow rent increases
for rent-stabilized rental units by an
amount not to exceed the
annual
rent stabilization allowance in effect at the time of the rent increase
.
Only one rent
stabilization
increase
pursuant to this section shall be permitted within a 12-month period.
D
. No such ordinance shall apply to the following:
1. Any unit in a licensed facility, the primary purpose of which is the diagnosis, cure, mitigation
,
and treatment of illnesses;
2. Any unit in a facility owned or leased by an organization exempt from
f
ederal income taxes pursuant to
§
501(c)(3) of the Internal Revenue Code, the primary purpose of which is to provide temporary sanctuary or shelter for qualified
residents
,
provided that the organization has notified the clients residing in the facility of the temporary nature of their housing at the inception of their residence;
3. Any owner-occupied group house;
4. Religious facilities
,
such as churches, synagogues, parsonages, rectories, convents
,
and parish homes;
5. Transient facilities
,
such as motels, tourist homes, and bed and breakfast facilities
, except for long-term stays in hotels and motels that qualify as tenancies under §
55.1-1201
;
6. School dormitories;
7. Licensed assisted living facilities and nursing homes;
8.
Any rental dwelling unit owned by a person owning four
or fewer
rental dwelling units in the Commonwealth; or
9. Any newly constructed residential rental unit constructed
15
or fewer
years ago.
For purposes of this section, a
"
newly constructed
residential
rental unit
"
means
any residential
dwelling
unit that has been granted a certificate of occupancy as required by the locality in which it is situated.
E. Such ordinance shall provide a procedure by which a
landlord
may apply for an exemption from the rent stabilization
provisions
if
the net operating income generated by the rental facility has not been maintained due to escalating operating expenses or for other appropriate reasons as established by the locality.
F. The locality may establish a
civil
penalty for failure to comply with the requirements set out in the
ordinance
.
S
uch civil penalty shall not exceed
$2,500 per separate violation.