SB 708

            
2020 SESSION

20105098D

SENATE BILL NO. 708 

Senate Amendments in [ ] � February 3, 2020

A BILL to amend the Code of Virginia by adding a section
numbered 36-7.2, relating to housing; housing authorities; notice of intent to demolish,
liquidate, or otherwise dispose of housing projects.

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Patron Prior to Engrossment--Senator McClellan 

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Referred to Committee on General Laws and Technology 

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Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section
numbered 36-7.2 as follows:

� 36-7.2. Notice of intent to demolish, liquidate, or
otherwise dispose of housing projects.

A. Any housing authority required to submit an application
to the U.S. Department of Housing and Urban Development (HUD) to demolish,
liquidate, or otherwise dispose of a housing project shall serve a notice of
intent to demolish, liquidate, or otherwise dispose of such housing project
containing the requirements listed in subsection C at least [ 12 �9
] months prior to any application submission date to (i) the Virginia
Department of Housing and Community Development, (ii) �[ the
clerk of the city or county in which the housing project is located, (iii)
] any agency that would be responsible for administering tenant-based rental
assistance to persons who would otherwise be displaced from the housing
project, and [ (iv) (iii)
] each tenant residing in the housing project.

B. The authority shall also provide notice containing the
requirements listed in subsection C to any prospective tenant who is offered a
rental agreement subsequent to the initial notice sent pursuant to subsection A
prior to the prospective tenant signing the rental agreement or paying any
deposit.

C. Notice of intent to demolish, liquidate, or otherwise
dispose of a housing project shall include:

1. The anticipated date upon which an application to
demolish, liquidate, or otherwise dispose of the housing project will be
submitted to HUD;

2. The name, address, and phone number of any local legal
aid societies;

3. Instructions for requesting more information pertaining
to the application process, timeline, and implications for the tenant; and

4. Instructions for submitting written comment to the
housing authority regarding the demolition, liquidation, or disposal of the
housing project.

D. During the [ 12-month �9-month
] period subsequent to the provision of the notice required by subsection A,
the housing authority shall not (i) increase rent for any tenant above the
amount authorized by any federal assistance program applicable to the housing
project; (ii) change the terms of the rental agreement for any tenant, except
as permitted under the existing rental agreement; or (iii) evict a tenant or
demand possession of any dwelling unit in the housing project, except for a
lease violation or violation of law that threatens the health and safety of the
building residents.

E. Any party who is entitled to receive notice under this
section may bring a civil action to enjoin action by the housing authority or
recover actual damages for any violation of this section, including any court
costs and reasonable attorney fees.

[ 2.
That the provisions of this act shall become effective on January 1, 2021. ]