Subcommittee amends, reports bill to strengthen public housing tenant protections; appeal bonds, maintenance fees targeted

House Bill 2415, sponsored in committee as a public-housing tenant protection measure, was amended in subcommittee and reported to the full committee by a 6-1 vote after testimony from tenant organizers, the Virginia Poverty Law Center and other advocates.

The bill aims to address recurring problems in some public housing authorities’ rent calculations, eviction practices and maintenance fees. The substitute before the committee would require housing authorities to provide tenants with instructions on how to request a rent reduction for loss of income when issuing a nonpayment notice; direct judges to waive cash appeal bonds for indigent public housing tenants; and clarify that housing authorities may not charge tenants additional maintenance fees for repairs that are required through no fault of the tenant.

Tenant organizer Omar El-Gaddafi testified that Legal Aid Justice Center represents public housing residents across multiple jurisdictions and said the bill “provides critical protections and eliminates practices that often keep these Virginians trapped in poverty.” Christy Maira of the Virginia Poverty Law Center and other advocates said waiving cash appeal bonds for indigent tenants would improve access to the appeals process and that most tenants do not have the funds to post bonds.

The subcommittee considered and adopted two substantive amendments. One amendment replaced language referring broadly to “violation of a requirement of this chapter” with narrower language covering repairs “necessitated by the tenant's action or omission,” after members and counsel proposed the change to limit unintended scope. The committee also agreed to remove a requirement that certain printed notices be posted in five locations, after members raised concerns that a weather-damaged or missing posting could create litigation points. The sponsor agreed to strike the posting language throughout the substitute.

Supporters said the bill would reduce unwarranted evictions tied to incorrect rent calculations, eliminate certain after-hours maintenance fees that tenant witnesses said are charged in violation of existing law, and increase tenants’ access to grievance and appeal processes. The subcommittee adopted the substitute and reported the bill 6-1.

Ending: The bill moves to the full committee with amendments narrowing some provisions and clarifying appeal-bond waivers for indigent tenants.