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Bill

HB 1638

Va. Residential Landlord and Tenant Act; affordable housing, criminal record screening model policy.

2025 Regular Session Introduced by Nadarius Clark and 7 co-sponsors

Governor vetoed bill establishing landlord criminal record screening standards and affordable housing provisions in Virginia's rental law, with House upholding veto.

House sustained Governor's veto
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WeVote Research Nonpartisan
Bill Summary · HB 1638

Legislative bill overview

HB 1638 would have amended Virginia's Residential Landlord and Tenant Act to establish a model policy for criminal record screening by landlords and to create provisions supporting affordable housing development. The bill aimed to standardize how landlords evaluate applicants with criminal histories and potentially expand access to rental housing for individuals with records.

Why is this important

Criminal record screening significantly affects housing access for formerly incarcerated individuals and their families, impacting reentry success and community stability. Standardized screening policies can reduce discriminatory practices while addressing legitimate landlord concerns about tenant selection, making this a key intersection of criminal justice reform and housing policy.

Potential points of contention

  • Landlord liability concerns: Property owners may worry that standardized screening models limiting their discretion could expose them to liability if tenants with certain criminal histories cause damage or safety issues
  • Affordable housing funding/mandates: Any provisions requiring affordable housing development or reservations may face resistance from developers and landlords regarding cost burdens and profitability
  • Scope of criminal records excluded: Disagreement likely exists over which offense types should restrict rental eligibility—violent crimes versus drug offenses versus property crimes present different risk calculus for stakeholders

Compiled from official sources — confirm details with the bill’s official record.

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