CHAPTER 1202
An Act to amend the Code of Virginia by adding in Chapter 7 of Title 44 a section numbered 44-209, relating to emergency laws; civil relief; citizens of the Commonwealth furloughed or otherwise not receiving wages or payments due to closure of the federal government or declaration of emergency by the Governor.
[H 340]
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter7 of Title 44 a section numbered 44-209 as follows:
§ 44-209. Closure of United States government; civil relieffor furloughed employees and contractors.
A. As used in this section:
"Closure of the United States government" means aclosure of the United States federal government for a period of 14 consecutivedays or longer as a result of a lapse of appropriation that leads to (i) thecurtailment of federal agency activities and services, (ii) a shutdown of nonessentialoperations, (iii) nonessential workers being furloughed, and (iv) onlyessential employees in departments covering the safety of human life orprotection of property being retained.
"Written proof" means (i) a paystub issued by afederal government agency showing zero dollars in earnings for a pay periodwithin the period of any closure of the United States government, (ii) a copyof a furlough notification letter or essential employee status letterindicating the employee's status as nonessential, or (iii) a letter from acompany under contract with the United States government issued and signed byan officer or owner of the company or by the company's human resources directorstating that the employee's not receiving payment from the contractor isdirectly attributable to a closure of the United States government.
B. Notwithstanding any provision of law to the contrary,any tenant as defined in § 55.1-1200 who is a defendant in an unlawful detainerfor nonpayment of rent pursuant to § 55.1-1245 for rent due after thecommencement of a closure of the United States government seeking a judgmentfor the payment of money or possession of the premises shall be granted a60-day continuance of such unlawful detainer action from the initial court dateif the tenant appears on such court date and provides written proof that he wasfurloughed or otherwise was or is not currently receiving wages or payments asa result of a closure of the United States government, and is (i) an employeeof the United States government, (ii) an independent contractor for the UnitedStates government, or (iii) an employee of a company under contract with theUnited States government. The provisions of this subsection shall not apply ifthe landlord has filed a material noncompliance notice for a non-rent violationof the rental agreement or of the Code of Virginia.
C. Notwithstanding any provision of law to the contrary,any homeowner who, after the commencement of a closure of the United Statesgovernment, defaults on a note that is secured by a one-family to four-familyresidential property located in the Commonwealth and is subject to aforeclosure proceeding on any mortgage or to the execution of or sale under anydeed of trust shall be granted a 30-day stay of such proceeding if thehomeowner, within 90 days of such closure or 90 days following the end of aclosure of the United States government, whichever is later, requests a stayand provides written proof to his lender that he was furloughed or otherwisewas or is not currently receiving wages or payments as a result of a closure ofthe United States government, and is (i) an employee of the United Statesgovernment, (ii) an independent contractor for the United States government, or(iii) an employee of a company under contract with the United Statesgovernment.
D. Notwithstanding any provision of law to the contrary,any owner who rents a one-family to four-family residential dwelling unitlocated in the Commonwealth to a tenant as defined in § 55.1-1200 and who,after the commencement of a closure of the United States government, defaultson a note that is secured by such dwelling unit and is subject to a foreclosureproceeding on any mortgage or to the execution of or sale under any deed oftrust shall be granted a 30-day stay of such proceeding if the owner, within 90days of such closure or 90 days following the end of a closure of the UnitedStates government, whichever is later, requests a stay and provides writtenproof to his lender that his tenant was furloughed or otherwise was or is notcurrently receiving wages or payments as a result of a closure of the UnitedStates government, and is (i) an employee of the United States government, (ii)an independent contractor for the United States government, or (iii) an employeeof a company under contract with the United States government.
E. The provisions of this section shall not (i) apply in aninstance where a separate, signed legal agreement exists between a landlord andtenant or homeowner and mortgage holder to stay legal action or defer thefiling of an unlawful detainer motion for nonpayment of rent or foreclosureproceeding on any mortgage or to the execution of or sale under any deed oftrust for a term of 30 days or greater or (ii) affect any other terms of a validrental agreement or note secured by a one-family to four-family residentialproperty, mortgage, or deed of trust unrelated to nonpayment of rent or defaultof a mortgage caused by a closure of the United States government.
2. § 1. That the provisions of subsections B, C, andD of § 44-209, as created by this act, with respect to a continuance or stay of(i) an unlawful detainer action or (ii) a foreclosure proceeding on a mortgageor an execution of or sale under any deed of trust shall also be applicable toany tenant, homeowner, or owner, respectively, affected by the novelcoronavirus (COVID-19) pandemic public health crisis during the period forwhich the Governor has declared a state of emergency (the Emergency). Theprovisions of subsection D of § 44-209, as created by this act, shall beexpanded during the Emergency to include any owner who (a) rents a residentialdwelling unit, regardless of its size or capacity, located in the Commonwealth,and (b) is affected by the Emergency.
§ 2. Homeowners and owners shall be excluded from theprovisions of this enactment if they are subject to protection from foreclosureunder the provisions of a federal, state, or local law, regulation, or actionenacted in response to the COVID-19 pandemic or the Emergency.
§ 3. Any continuance or stay period provided by thisenactment shall be tolled during the period of any judicial emergency declaredpursuant to § 17.1-330 of the Code of Virginia due to the Emergency.
§ 4. The 60-day continuance provided by this enactmentshall run concurrently with any period of eviction protection provided by anyother state or federal law.
§ 5. For purposes of this enactment:
"Affected by" means to experience a loss ofincome from a public or private source due to the Emergency, such that theaffected party must request a stay or continuance, as applicable, by providingwritten proof to a court or lender, as applicable, stating that he is notcurrently receiving wages or payments from a public or private source as aresult of the Emergency.
"Written proof" means (i) a paystub showing zerodollars in earnings for a pay period within the period for which the Governorhas declared a state of emergency (the Emergency) in response to the novelcoronavirus (COVID-19) pandemic public health crisis, (ii) a copy of a furloughnotification letter or essential employee status letter indicating theemployee's status as nonessential due to the Emergency, or (iii) any otherdocumentation deemed appropriate by a court or lender.
3. That an emergency exists and this act is in force from itspassage.
4. That the provisions of the second enactment of this actshall expire 90 days following the end of a state of emergency declared by theGovernor in response to the novel coronavirus (COVID-19) pandemic public healthcrisis.