2012 Legislative Agenda

When the General Assembly begins on January 11, 2012, VAR will provide weekly updates on the progress of the VAR legislative agenda. These updates will be sent out to all members via e-mail every Monday morning for the duration of the General Assembly session. Read on to learn about the legislation VAR will be working on in the coming year.

2012 VAR Legislative Agenda

VAR’s legislative package this year comes from three main sources:

  • findings and work products of the Professionalism Workgroup,
  • issues remaining from previous legislative sessions, and
  • new issues brought to the attention of VAR by local Realtor associations.

VAR will sponsor 9 bills in the 2012 Session – some of these may change, and some might be combined with others during the process.  We will use these broad topic headings for clarity.

  1. Agency and Professionalism – A “catch-all” bill drawn to Title 54.1 – our licensure statutes – that will accomplish several tasks, including any necessary “clean up” from our large Agency Bill from the 2011 Session, as well as implementing the recommendations made by the Professionalism Work Group.  There are other elements of “small fixes” that will be accomplished in this legislation.
  2. Appraiser Management Companies – The Federal Dodd-Frank Act requires states to bring Appraisal Management Companies (AMCs) under the supervision and authority of their regulatory boards for Appraisers.  In Virginia, that is the Real Estate Appraiser Board.  Understanding that creating a new regulatory program in Virginia is a slow process, we recommend taking the lead and beginning it now. 
  3. Landlord and Tenant – A bill for Landlord Tenant Act modifications is recommended to handle a variety of smaller issues that have arisen this year, including: which portions of the Virginia Landlord and Tenant Act are applicable to residential dwelling units; how rents may be accepted with reservation, and more.  While not always exciting, these annual revisions are generally made with an eye to avoiding costly litigation. 
  4. Property Owner Associations and Condominium Act – A broad bill for Property Owner Associations and Condominium Act issues is recommended to address issues that have arisen – or lingered – throughout the year. This year’s concerns include delays in receiving vital information regarding owner occupancy and delinquency, as well as exempting auctioned property from various provisions.  If we are unable to build broad consensus around these issues, VAR likely will recommend deferring this bill to 2013.
  5. Fairfax Rental Inspection – The City of Fairfax has persisted in stubbornly defying the General Assembly on the issue of Rental Inspection Ordinances.  Following our very clear victory in the General Assembly last year, Fairfax City revised its non-conforming ordinance in a different non-conforming way.  While negotiations will occur between now and then, a bill to remedy the most recent insult will be introduced.
  6. Business Professional and Occupational License Tax (BPOL) – Realtors have a number of difficulties and objections with the Business Professional and Occupational License Tax (BPOL)  – and a bill will be prepared that might lead to more favorable treatment of our members.  Realtors pay BPOL taxes at the same rate as lawyers, accountants and physicians.  However, we are aware of and are participating in a larger effort underway now that might lead to elimination of the BPOL tax.  Our bill may become a vehicle for a separate proposal, or be deferred for study – but it is worth doing.
  7. Virginia SAFE Act.  This consumer protection measure was required by federal law, but the current exemptions do not expressly exempt owner financing from the burdensome requirements otherwise placed on mortgage lenders. Most states are attempting to address this issue this year.
  8. Tenant Utility Liens – In an issue on which much work has been done over the past year, liens placed on property as a result of nonpayment of utility bills by tenants have caused many negative consequences for owners.  A consensus of the affected parties is near, and a bill to reflect that consensus will be introduced by VAR. 
  9. Alternative Onsite Sewage Systems – At least one locality has exceeded its statutory authority in requiring cash bonds to be posted before it will approve alternative onsite sewage systems – in violation of the Dillon Rule.  This needs to be addressed legislatively, while negotiations are conducted with the locality involved.
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