Virginia subcommittee backs bill letting tenants raise habitability claims in nonpayment cases

A Virginia Senate housing subcommittee on Thursday recommended reporting SB 373, a bill that would allow tenants sued for nonpayment of rent to assert a warranty‑of‑habitability defense without first depositing the disputed rent into court escrow.

Sponsor commentary and supporting witnesses described the change as narrow and remedial. “Our law prohibits tenants who are sued for nonpayment of rent from putting on as a defense evidence that their landlord violated the lease unless they’ve paid all the rent … into escrow,” the sponsor said, arguing the current requirement leaves tenants without a meaningful opportunity to raise serious housing‑condition claims in eviction court. Christy Marrow of the Virginia Poverty Law Center said the proposal is primarily an access‑to‑justice measure that lets courts hear all relevant evidence and resolve repair and rent disputes together. “This bill fixes that and allows the judge to hear all the relevant evidence,” Marrow said.

Legal Aid Justice Center attorney Larissa Zehr told the subcommittee she routinely represents tenants in nonpayment eviction cases where landlords have refused to repair hazardous conditions; she said the change would let courts consider both conditions and disputed rent at the same hearing. Laura Dawes of Housing Opportunities Made Equal and Isabelle MacLean of the Virginia Housing Alliance also testified in support.

Industry groups, including the Realtors and the Apartment and Office Building Association, did not oppose outright but asked for continued collaboration to tighten language and ensure the bill focuses on material health and safety issues and preserves ongoing rent obligations. Committee members questioned drafting details such as the required form of notice and how the bill incorporated existing statutory definitions; sponsors said some language references the existing Va. Code definitions for written notice.

The subcommittee recorded a roll‑call voice vote to recommend reporting SB 373 (motion passes 3–2). The committee also accepted a substitute amendment offered during the hearing; the sponsor said stakeholders had worked on the revised language.

The bill now moves toward full committee consideration; supporters said it would let judges reduce rent to reflect lost value from unaddressed repairs, order remedial repairs or, if requested by the tenant, terminate the lease.