Va. committee advances bill waiving appeal bonds for indigent eviction defendants

Delegate Hope urged the Senate Courts of Justice Committee on Thursday to pass House Bill 221 so indigent tenants can appeal unlawful‑detainer and eviction judgments without posting an appeal bond. "It's a bill that waives appeal bonds for indigent defendants in eviction cases," Hope said, explaining the measure passed last year but had been vetoed.

Hope and other supporters told the committee the bill removes a financial barrier to appeal while preserving existing protections. "If you're indigent, you don't have to put up that cost of the appeal, but you still have to pay rent," a committee member clarified during discussion; Hope agreed, saying the measure does not change a tenant's obligation to pay contracted rent while an appeal is pending.

Several committee members asked how indigency would be determined; senators said the committee would rely on the same indigent‑determination process used for court‑appointed counsel. Committee members also noted potential differences between commercial and residential tenants and the need to ensure corporations are not treated as indigent individuals.

Industry stakeholders told the panel they had negotiated language with sponsors. The chair called the motion to report the bill out of committee; the motion carried following a roll call.

The committee recorded its vote to report HB221, and the bill will move to the next stage of review. No amendment to change the rent‑payment requirement was proposed during the hearing.