Attorney General Herring highlights tenant’s rights during COVID-19 pandemic

RICHMOND (May 7, 2020) – During the nationwide COVID-19 pandemic, Attorney General Herring is encouraging Virginia tenants to familiarize themselves with their rights and protections, especially while the Supreme Court of Virginia’s judicial emergency order remains in effect.

“Unfortunately, because of COVID-19 many Virginians have found themselves in tough financial situations and may not have the ability to pay their rent right now, which is why it is so important that every Virginia tenant knows their rights during this time,” said Attorney General Herring. “It is absolutely outrageous that any landlords are trying to evict their tenants right now at a time when we are asking every Virginian to stay home to keep themselves and their families safe and prevent further spread of the virus.”

Evictions and Abandonment
Under the extended judicial emergency order, all non-essential, non-emergency court proceedings, including new eviction cases, have been suspended until at least May 17, 2020. This means that a landlord cannot legally evict a tenant for any non-emergency reason like not paying rent. You do not have to move just because your landlord tells you to. If your landlord tries to evict you without a court order and a sheriff’s notice – by cutting off electricity, heat, or water or by changing the locks – you should seek legal assistance at:

• Virginia Lawyer Referral Service or 1 (800) 552-7977
• Your local legal aid office or 1 (866) LEGLAID
• The Eviction Legal Helpline at 1-833-NOEVICT

Depending on your circumstances, you may have additional rights under state or federal initiatives. New state law gives tenants an additional 60-day continuance if they explain to the courts (once they have reopened) that their income has been adversely affected by COVID-19. The federal CARES Act also provides significant additional protections, including a prohibition on charging late fees or filing to evict, through at least July 25, 2020, for tenants living in federally subsidized housing so they can maintain housing at this critical time. Other housing units are covered by a Virginia Housing Development Agency program that prohibits housing providers that receive mortgage forbearance from evicting tenants.

Additionally, notices of abandonment are not legitimate tools for landlords to use to evict tenants who are sheltering in place. If your landlord sends you a notice of abandonment while you are still present, respond in writing that you do not intend to abandon the unit. If your landlord has tried to evict you through a notice of abandonment please reach out to Attorney General Herring’s Consumer Protection Section:

• By phone: (800) 552-9963

• By email: consumer@oag.state.va.us

• Online Complaint Form

• Online Contact Form

Extended Stay Hotels and Motels
If you have stayed in a hotel or a motel for more than 90 days or have a written lease with a term of more than 90 days, you are protected under the Virginia Residential Landlord Tenant Act (VRLTA) and cannot be evicted for a non-emergency reason during the mandatory continuances required under the judicial emergency order. Those who are currently living in hotels or motels but have not been there for 90 days or do not have a lease are not protected by VRLTA, but the landlord must give them a five-day notice of eviction if the resident has failed to pay.

For more information consult the Virginia Poverty Law Center’s list of housing resources related to the COVID-19 pandemic.

Following Governor Northam’s state of emergency declaration, Attorney General Herring has taken many actions to help Virginians navigate the uncertainty surrounding the COVID19 pandemic. Attorney General Herring has:

• Successfully petitioned the SCC to put a hold on all utility disconnections and, in response to a second request from Attorney General Herring, the SCC extended that freeze and suspended all late fees for the duration of the state of emergency

• Reviewed price gouging complaints from around the Commonwealth with his Consumer Protection Section and investigated any potential violations and pursued violators, including sending warning letters to dozens of businesses about which Virginians have complained

• Issued numerous warnings urging Virginians to be wary of COVID19 related scams as well as scams related to the federal stimulus package

• Issued an advisory opinion outlining the authority of public bodies, including local governments, to conduct meetings and critical public business while meeting social distancing needs and important transparency and accountability obligations

• Sent letters to Amazon, Facebook, Craigslist, eBay, and Walmart urging them to more rigorously monitor price gouging practices by online sellers who are using their services

• Urged Virginians who have lost or could lose their jobs due to the COVID-19 health crisis to evaluate their insurance options to make sure that they remain covered during this unprecedented national health crisis

• Lead a multi-state effort of 20 attorneys general in urging 3M to do more to combat inflated prices of N95 respirators and other desperately needed PPE

• Urged the telecommunications industry to make further commitments to protect consumers who are struggling financially as a result of COVID-19 and in calling upon the FCC for support

• Fought to protect women’s access to reproductive healthcare by filing amicus briefs to block efforts to ban abortions during COVID-19 in Alabama, Arkansas, Oklahoma, Tennessee, and Texas

• Warning the nation’s three Consumer Reporting Agencies that he will not hesitate to enforce safeguards set in place to ensure consumers’ credit is properly protected and that their credit reports are fairly and accurately reported as Americans continue to struggle from the economic fallout of the COVID-19 public health crisis

• Encouraging Virginians to utilize mental health and substance abuse treatment services, including through insurance purchased on Healthcare.gov

Additionally, Attorney General Herring has urged the Trump Administration to take many different actions to protect Virginians and Americans during this time including:

• Utilize the Defense Production Act to immediately prioritize the production of personal protective equipment and ventilators

• Provide federal student loan borrowers with crucial emergency protections

• Suspend Department of Veterans Affairs deadlines and debt collection activities

• Instate special enrollment periods on HealthCare.Gov and develop and implement an outreach plan to inform the millions of Americans who have lost or will lose their employer-sponsored health insurance coverage about the Special Enrollment Period available to them through HealthCare.Gov

• Ensure billions of dollars in emergency stimulus payments authorized by the CARES Act go to American families and not debt collectors

• Enforce the CARES Act and require credit reporting agencies to follow the Fair Credit Reporting Act following the CFPB’s announcement that it would not enforce the law, leaving consumers at the mercy of unresponsive credit agencies

• Denounce the EPA’s March 26th memo that announced a nationwide policy significantly reducing the civil enforcement of federal environmental laws during the COVID-19 crisis

• Urging the FDA to ease restrictions on blood donations to maintain an adequate national blood supply and to move towards a risk-based, gender-neutral screening model and further revise guidance to make it easier for the LGBTQ population to give blood

• Urging the Federal Housing Finance Administration and the Department of Housing and Urban Development to take actions to help homeowners who have been affected by COVID-19 and the disruption to the mortgage market