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Virginia Requires Residential Landlord Employee Background Checks

Virginia Requires Residential Landlord Employee Background Checks

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Compliance

2 min read

Written By

Kelly Uebel

Published

Jul 11, 2023

Following in the footsteps of Miya’s Law in Florida, Virginia recently passed HB 2082, which amends the state’s Residential Landlord and Tenant Act.

Under the newly amended law, residential landlords who own more than 200 rental dwelling units that are attached to the same piece of real property must establish:

  1. A policy requiring any applicant for employment in any position that will have access to keys for each rental dwelling unit to be subject to a pre-employment criminal history records check; and
  2. Written policies and procedures regarding the (i) storage, issuance and return, and security of; (ii) access to; and (iii) if applicable, usage and deactivation of rental dwelling unit keys and electronic key codes.

The provisions do not apply to a financial institution or any person who is a real estate licensee.

The law does not prescribe what constitutes a proper pre-employment criminal history records check so impacted employers are advised to consult with qualified legal counsel.

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