VAMA Member Action Needed

Possible Changes to the Military Section of the VRLTA – Section 55-248.21:1

As many of you know VAMA attempted to introduce legislation this past General Assembly session to amend the military section of the Virginia Residential Landlord Tenant Act (VRLTA) to bring it in line with the Service Members Civil Relief Act (SCRA).  Due to objections from a representative of the military present at the hearing our issue did not receive the support necessary from our elected officials for passage and was moved over to the Housing Commission for review over the summer.

In moving forward one option on the table suggested by VAMA advisors has been to repeal the military section of the VRLTA all together, eliminating the potential for any conflicts between the state and federal statute.  This is an approach we are looking to pursue however doing so may also bring about the entrance of military protectionist legislation into the picture.

Right now the military has sought the best of both worlds claiming that in some cases the SCRA supercedes the VRLTA and in other cases the VRLTA supercedes the SCRA.  This clearly points to a problem that is in need of correction.  For VAMA to move forward in protecting the rights of landlord’s we need real life examples of abuse of these code sections.  Several members have offered to be present at hearings on the subject (date TBD – but most likely in August) but we also need to get documented examples of abuse of these code sections by military personnel.  To that end VAMA is requesting the following.

If you have experienced abuses of the military clause under the VRLTA please detail those incidents in a memo to the association.  Please be as detailed as possible in your memo citing more than one example.  Your memos will then be entered into the record and presented before the committee.  Please be sure to emphasize the financial and operational burden these abuses place on your property.  The more cases we can point to the better our position and the easier it will be for us to gain the support of our elected officials and take the appropriate steps needed to protect the apartment industry and ensure the SCRA is used for its intended purposes.

We ask that all memos be submitted to the association no later than July 15th.  Your memo should be written on your company letterhead and use the following suggested format:

TO:            Virginia Apartment Management Association
FROM:      YOUR NAME, YOUR COMPANY NAME
DATE:       DATE
RE:            Affordability, Real Estate Law and Mortgages Work Group – VRLTA Section 55-248.21:1

Your memo should be submitted via email attachment to patrick@vamaonline.org or mailed to the VAMA office at 2812 Emerywood Pky., Suite 140, Richmond, VA 23294.

Please remember without your input we cannot make the necessary changes to protect your rights as landlords.  Thank you in advance for your input and with your help we can make progress on preventing abuses of the VRLTA / SCRA code sections.