Business Resources
Resources for your real estate business.Evictions now require a 14-day notice and other new laws…
From the Virginia Realtors…
Critical updates to help YOU operate within the law
Governor Northam called a special session of the General Assembly, which began on August 18, 2020. Throughout this session, Virginia REALTORS® worked to maintain the status of “essential” for our members, enabling them to remain open for business. The 2020 Special Session was limited in scope to legislation to assist with the pandemic response and police reform. Because housing is closely related to the pandemic, eviction legislation was a top priority.
Your Virginia REALTORS® Government Relations team worked tirelessly with senators, delegates, and the Governor’s office to strike a balance for our property managers, owners, and their tenants, as we all continue to rebuild our economy. Within that discussion and debate, we successfully shared the plight of small “mom and pop” owners, many of whom own just a couple of rental homes. In addition, we helped secure approximately $62 million of rental relief that is available for owners and tenants if they have been impacted by the COVID-19 pandemic.
Yesterday, the General Assembly concluded the 2020 Special Session. Some of the Governor’s Amendments to the Budget were not adopted which means the Governor has until December 9, 2020 to address the Budget (so the Budget is not yet final). The Budget contains language that controls legal processes for evictions, including language that dovetails with the federal eviction moratorium through December 31, 2020 issued by the Center for Disease Control (“CDC”). Although we do not anticipate the Budget language on evictions to change, it is important for members of Virginia REALTORS® to understand what is coming.
But first, it is important to be aware of one piece of legislation that has an emergency clause was signed into law by the Governor and is therefore effective on November 9, 2020. HB 5064 amends the Virginia Residential Landlord Tenant Act (“VRLTA”) to require a landlord who owns four or less dwelling units to give the tenant a 14-day notice instead of a 5-day notice for nonpayment of rent. For landlords who own five or more dwelling units, the VRLTA now requires a 14-day notice instead of a 5-day notice for nonpayment of rent, with the additional requirement that the tenant shall be offered the opportunity to enter a payment plan for the back-rent owed, with payments spread out over six months. Landlords and property managers should carefully review the provisions of HB 5064 by clicking this link. HB 5064 sunsets on June 30, 2021.
The major changes in landlord-tenant law are contained in the State Budget, which again is not yet effective but will be sometime in December.
Under this new language in the State Budget, Virginia will continue to operate under the CDC’s eviction moratorium until December 31, 2020. In Virginia, no landlord shall terminate a residential tenancy, or take any action to obtain possession of a dwelling unit, for non-payment of rent through December 31, 2020, unless such an eligible tenant refuses to apply for Virginia Rent and Mortgage Relief Program (“RMRP”) assistance and refuses to cooperate with the landlord in applying for rental assistance through the Virginia RMRP. If the tenant refuses to apply for rent relief or refuses to cooperate with the landlord in applying for rent relief, the landlord can proceed with the eviction process within 14 days of receipt of the written notice. However, no eviction is allowed to occur under the CDC eviction moratorium until after December 31, 2020. In addition, landlords must do the following:
If the owner owns LESS THAN 5 residential rental units, the owner or their agents MUST:
- Provide a notice to the tenant, if late on the rent:
- informing the tenant of the total amount due and owed;
- informing the tenant of the web-address of the Virginia Rent and Mortgage Relief Program – https://www.virginiahousing.com/RMRP – and the phone number to call to inquire, 2-1-1;
- informing the tenant that the landlord, owner, or agent SHALL apply on behalf of the tenant to the Virginia Rent and Mortgage Relief Program and that the landlord will cooperate with the tenant, if the tenant is applying; and
- comply with the 14-day notice provisions of HB 5064:
https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5064ER2+pdf.
If the owner owns 5 OR MORE residential rental units (or more than a 10-percent interest in more than four rental dwelling units, whether individually or through a business entity), the owner or their agent MUST:
- Provide a notice to the tenant, if late on the rent:
- informing the tenant of the total amount due and owed;
- informing the tenant that if the tenant provides to the landlord a signed statement certifying that the tenant has experienced additional expenses or a loss of income due to the declared state of emergency (COVID-19), the tenant may, but is not required to, enter into a payment plan under which the tenant shall be required to pay the total amount due and owed in equal monthly installments over a period of the lesser of six months or the time remaining under the rental agreement. The total amount due and owed cannot include late fees, nor can late fees be assessed during the payment plan period so long as the tenant is making timely payments;
- informing the tenant of the web address of the Virginia Rent and Mortgage Relief Program – https://www.virginiahousing.com/RMRP – and the phone number to call to inquire, 2-1-1;
- informing the tenant that the landlord, owner, or agent SHALL apply on behalf of the tenant to the Virginia Rent and Mortgage Relief Program or that the landlord will cooperate with the tenant, if the tenant is applying; and
- comply with the 14-day provisions and the payment plan requirements of HB 5064:
https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+HB5064ER2+pdf.
The deadline for landlords to apply for rent relief on behalf of their tenants is November 30, 2020. It is vital that landlords begin the process of setting up a profile with the Rent and Mortgage Relief Program AS SOON AS POSSIBLE. Information on the program, how to create your profile, tenant eligibility, and how to apply for rent relief is available on the Virginia Housing website. The profile approval process can take up to 5 days before applications can begin, so please set up your profiles now. Funds are available for 100% rent relief for tenants who are making 80% AMI 30 days prior to the application. Funds can be proactively applied for through December 2020 so long as there is a lease in place.
In the coming days, we will send more information on how to proceed with your owners and tenants and what changes will go into effect after the federal eviction moratorium expires on December 31, 2020. Until then, we will continue working for you and your clients.
2020 Realtor Cereal Collection Drive Results
REALTORS® and Affiliates did a tremendous job of seeking out cereal this year! YOU CRUSHED the goal of 16,000 boxes and ended up collecting 28,022 boxes of shelf-stable food for our community.
Who won?
Affiliate collecting the most boxes – 4-way tie!
Tim Liddy with Charden – 200 boxes
Donna Schmidt with 2-10 Home Buyers Warranty – 200 boxes
Tony Bolding with Alcova Mortgage – 200 boxes
Katie Williams – First American Home Warranty – 200 boxes
Most Cereal Per Agent
1st Choice Better Homes and Land – 10,118 boxes total
Most Improved
Long and Foster – from 3,361 boxes in 2019 to 7,256 boxes in 2020
Runner-ups Most Cereal
Century 21 New Millennium – from 2,772 boxes in 2019 to 3,699 boxes in 2020
Weichert Realtors – from 527 boxes in 2019 to 3,303 boxes in 2020
United Real Estate Premier – from 806 boxes in 2019 to 1,554 boxes in 2020
Honorable Mention
Hometown Realty – first time participating and collected 325 boxes!
Grand Prize
1st Choice Better Homes and Land – 10,118 boxes!
Thank you also to these cereal collectors!
CTI Real Estate
Berkshire Hathaway Home Services
Century 21 Redwood
Universal Title
Coldwell Banker Elite King George/Colonial Beach
Topside Federal Credit Union
Regarday
Rental Assistance and the Eviction Moratorium
Eviction Moratorium
What is the current status of evictions in Virginia? Can landlords evict individuals for non-payment of rent or other lease violations?
The answer is yes, but with qualifications. While the statewide eviction moratorium has ended, the Centers for Disease Control and Prevention has instituted a nationwide eviction moratorium for folks unable to pay rent due to financial impacts of the coronavirus pandemic. Any renter who certifies that they meet certain criteria cannot be evicted for failure to pay rent. However, tenants can be evicted for other lease violations and Virginia courts are accepting unlawful detainers.
NAR has issued a brief on the federal eviction moratorium that details the criteria for protection. Check out the document below for full information.
Rent and Mortgage Assistance
Is there funding available to help tenants with rent and homeowners with mortgage payments?
Yes, the state has allotted federal CARES Act money to provide assistance to those who cannot make their rent or mortgage payments due to financial losses from the coronavirus pandemic. The Rappahannock Area United Way is the administrator of those funds in our area and is currently accepting applications for assistance. Please click the button below to be directed to the United Way’s website for information on the program, how it works and who is eligible.
Judge denies motion to dismiss MLS lawsuit
From NAR Legal Counsel, Katie Johnson, regarding the current status of lawsuits pertaining to MLS operation…
As we continue to provide updates on the Moehrl v. NAR lawsuit, I wanted to let you know the judge denied our motion to dismiss and the case will proceed to the next phase of the litigation, discovery.
We are very disappointed in the ruling. However, this is only the first round. As the case moves forward, we intend to demonstrate how the MLS system creates competitive, efficient markets that benefit home buyers and sellers as well as small business brokerages. The MLS fosters cooperation between brokers providing the best and greatest number of options for buyers and sellers. The broker commission structure also ensures greater access for first-time, low-income and many other home buyers who otherwise couldn’t afford a home purchase. We are confident that when the case is ultimately decided, we will prevail.
There have been no changes to the copycat Sitzer v. NAR lawsuit, which is also in discovery. We will continue to keep you informed as the litigation progresses.
Talking Points for Members
- The MLS system and the way commissions are paid create competitive, efficient markets that benefit home buyers, sellers and small business. The MLS system creates a highly efficient residential real estate market that fosters cooperation between brokers to the benefit of consumers. Commission structures (including how the listing broker pays the buyer broker) ensure greater access for a large community of home buyers who might otherwise be priced out of the market, which also would limit options for sellers.
- REALTORS® are champions of homeownership, property rights and the communities they serve. Every REALTOR® adheres to a strict code of ethics based on professionalism, consumer protection and the golden rule. REALTORS® draw on their unmatched knowledge to help buyers and sellers navigate one of the most complicated financial transactions of their lives. And REALTORS® are engaged neighbors committed to building and enhancing the communities they serve.
- Local, expert brokers play a crucial role in helping buyers and sellers achieve their goals. Given the volume of information buyers have to navigate and the complexity of this transaction, buyer brokers serve many essential, highly informed roles ranging from scheduling home tours and inspections to coordinating with lenders and appraisers to coordinating attorney reviews and closing documents. Consumers agree: 78 percent of homebuyers say their broker was an important information source, and almost 90 percent would recommend their broker to a family member or friend.
- These lawsuits are wrong on the facts, wrong on the economics, and wrong on the law. Commissions are negotiable and, in fact, can be negotiated at any point during the transaction. The MLS and associated brokerage system create highly competitive markets with increased transaction volume and superior customer service. Consumers have many choices of different service and fee models among many brokers. Over 100 years, the courts have repeatedly validated this pro-competitive, pro-consumer MLS system, recognizing it increases the efficiency of the market and thus serves the best interests of sellers and buyers alike.
Virginia REALTORS® Announces 2020 Good Neighbor Award Recipients
RICHMOND, Va. (October 1, 2020) – Virginia REALTORS® celebrates its 2020 awardees. The association conducted its annual awards ceremony through its first-ever virtual awards show on September 30, 2020. The ceremony recognized excellence in various areas of real estate, along with notable community contributions. These awardees were selected by a committee of peers as standouts among an association of 35,000 members.
The Virginia REALTORS® Good Neighbor Award recognizes REALTOR® members who make a positive impact on their community and gifts the organization through which they volunteer time and talents. This annual award seeks to highlight, inspire, and perpetuate the individual contributions within the real estate industry toward improving the lives of citizens in Virginia.
Each winner will receive a $500 award, which will go to the to the 501(c)(3) non-profit/charity with which the Virginia REALTOR® Good Neighbor is involved.
The Virginia REALTORS® 2020 Good Neighbor Awardees are:
- Sarah Moorman of the Northern Virginia Association of REALTORS®, volunteering on behalf of Generosity Feeds
- Jim Napier of the Richmond Association of REALTORS®, volunteering on behalf of the Massey Cancer Center at Virginia Commonwealth University
- Chip Taylor of the Fredericksburg Area Association of REALTORS®, volunteering on behalf of Fredericksburg Virginia Main Street
- Patricia “Trish” Snyder of the Massanutten Association of REALTORS®, volunteering on behalf of the Virginia Cooperative Extension, and
- Linda Wolf of the Northern Virginia Association of REALTORS®, volunteering on behalf of Mission M-4, in partnership with the Walter Reed Society.
To see the entire list of this year’s winners, click here.
For headshots of award winners, please contact Robin Spensieri at rspensieri@virginiarealtors.org.
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About Virginia REALTORS®
Virginia REALTORS® (previously known as the Virginia Association of REALTORS®) is one of the largest professional trade associations in Virginia, representing 35,000 REALTORS® engaged in the residential and commercial real estate business. Virginia REALTORS® serves as an advocate for homeownership and homeowners and represents the interests of property owners in the Commonwealth of Virginia. For more information, visit www.virginiarealtors.org or follow Virginia REALTORS® on Facebook, Twitter, and LinkedIn.
Virginia REALTORS® is celebrating its 100-year anniversary in 2020.
NOTE: The term REALTOR® is a registered collective membership mark that identifies a real estate professional who is a member of the National Association of REALTORS® and subscribes to its strict Code of Ethics. Top of Form
Contact: Robin Spensieri, Vice President of Communications & Media Relations
Email: rspensieri@virginiarealtors.org
Telephone: 404.433.6015
Topside Federal Credit Union supports community in the fight against fraud
Local Credit Union hosts 4th Annual Shred Event
DAHLGREN, VA (September 28, 2020) – Topside Federal Credit Union, the area’s largest locally-owned credit union, is committed to helping the community properly dispose of sensitive data. Topside FCU’s latest free Shred Day Event was held on September 26 at their Massaponax branch in Fredericksburg VA. The event resulted in a total of over 16,000 pounds of paper collected and shredded, and almost $2,000 raised for Germanna Community College’s Gladys P. Todd Academy.
“Topside is happy to provide this valuable service to the communities we serve,” said Bruce Six, Topside FCU’s CEO. “We encourage everyone to take advantage of these free events to help protect their privacy and security. We are dedicated to helping our members and the community stay safe by providing these free opportunities to dispose of personal documents securely.”
Topside Federal Credit Union began hosting its free Shred Day Events in 2017 in response to their members’ needs for secure and safe document disposal. The events have grown in popularity and demand over the years and the Credit Union plans to continue shredding sensitive information for their community members for years to come and collecting donations for various area non-profits in the process.
ABOUT TOPSIDE FEDERAL CREDIT UNION
As a member-owned financial cooperative originally founded in 1961 by the employees of the Naval Weapons Laboratory in Dahlgren VA, Topside has more than $425 million in total member assets serving 40,000 members. Visit topsidefcu.org, or call 540-663-2181 for more information.
Upcoming Safety Webinars
From Bright MLS
Bright Subscribers! Join us, Friday, September 18, for a free Safety from the Start Webinar with REALTOR® and safety advocate Carl Carter, Jr. of the Beverly Carter Foundation. Carl will share his story and important tips on how to have tough conversations with potential clients from that first phone call or lead.
Register at http://ow.ly/XfL650BqfuM
From the National Association of REALTORS®
REALTORS® face job-related risks every day. Being aware of potential dangers and taking precautions will help you avoid risky situations that can happen to any agent—including you! Tune in for a free safety webinar from NAR & REALTOR Jen Stanbrough on September 23rd at 2pm EST
Register at https://www.nar.realtor/safety/safety-webinars
Check out the new flood data on realtor.com!
Realtor.com® launched new flood risk data features available on most for-sale properties on the site.
What are these features?
At an individual property level, realtor.com® will offer insights into Federal Emergency Management Agency (FEMA)-categorized flood zones and a new Flood Factor™ feature, which is the result of a realtor.com® data integration with the First Street Foundation, a nonprofit research and technology group. The First Street Foundation Flood Model includes data for more than 142 million homes and properties across the U.S.
Flood Factor™ includes a flood risk score ranging from 1 (minimal risk) to 10 (extreme risk) and an indication of whether that risk is increasing, decreasing, or constant over the next 30 years.
In addition, a graph shows the cumulative risk of flooding for a property over the typical 30-year period of ownership, along with the FEMA-categorized flood zone for the property, and whether flood insurance is required. Flood insurance options, when available, are provided to realtor.com® users.
Here are some distinguishing features for both:
Flood Factor™
- Provides accurate, property-level flood risk information
- Incorporates current and future environmental changes
- Maps multiple flood zones and risk levels
- Includes more flood sources such as heavy rainfall
- Nationwide coverage and updated quarterly
- Assesses historic flood patterns and projects future risk
FEMA
- Provides detailed, community-wide flood risk information
- Maps the 100-year flood zone and indicates whether a property is “in or out” of this zone
- Does not provide information specific to individual properties
- Based on site specific, engineering studies but limited to two risks (riverine and storm surge)
- Limited geographic coverage and not updated frequently
- Assesses historic flood patterns
- Used by community regulators, banks and lenders
Flood Factor™ data augments FEMA’s maps, so real estate professionals can use both tools on realtor.com® to:
- Help reduce the number of clients who buy high-risk properties by surprise or list properties before mitigating the risk
- Help reduce flood-related surprises at the closing table by helping their buyer and seller clients perform due diligence and increase confidence in real estate markets particularly where FEMA does not currently map
Agents and brokers can use the feature to provide additional context, guidance and insights to their buyer and seller clients with regard to flood conditions and potential flood risk for properties and communities across the country.
Must-read content for more context and information:
- We worked with the National Association of Realtors® to create this detailed FAQ.
- REALTOR® Magazine has published several articles:
- Is My Home in a Flood Zone?
- Don’t Fear Flood Data; Here’s How it Helps Clients
- Pivot in Place a great 3-minute video discussing the new Flood Factor feature, by NAR’s 2020 VP of Association Affairs Mabel Guzman.
So what does it look like?
Click on the link and you’ll see this…
Take a closer look at the Flood Factor data…
Sentriconnect or One Day Code – What’s the Difference?
SentriConnect™
- Allows Listing Agent, Listing Office, or One with Lockbox Owner Privileges to grant access to a lockbox that has been assigned to a property during a specific time frame.
- This can be used for providing non-SentriLock REALTOR users (i.e. REALTORS who don’t have SentriSmart access through their current MLS) with access to your listings.
- The time frame is setup by the Listing Agent/Listing Office/Lockbox Owner and can be for as little as 30 minutes or up to several days.
- Access can also be granted to Non-SentriLock/non-REALTOR users (i.e. Home Inspectors, Cleaning Services, etc…) as approved by the seller.
- This type of access requires the one granting the access (the Lockbox Owner) to enter the recipient’s email address into the program. This is then recorded and used in access reports.
- To use the SentriConnect app, the end user must download the app, create an account, and be granted access to the specific property by the Listing Agent or Listing Office.
- Showing Notifications are generated for SentriConnect access.
- SentriConnect access can be revoked at any time by the Listing Agent, Listing Office, or Lockbox Owner.
One Day Code
- Allows the Listing Agent, Listing Office, or One with Lockbox Owner Privileges to grant access to a lockbox that has been assigned to a property on a specific day.
- No time frame for that day is associated with the One Day Code.
- One Day Codes can be used to provide non-SentriLock REALTOR users (i.e. REALTORS who don’t have SentriSmart access through their current MLS) with access to your listings.
- The One Day Code expires 60 minutes after it is used.
- One Day Codes cannot be revoked.
- This type of access only requires the one granting the access (the Lockbox Owner) to enterminimal information into the app, which is then recorded and shows in the access reports.
How-To Use SentriConnect®
1) Launch the App Store
2) Search for SentriConnect®
3) Install the App
4) Launch the SentriConnect® App
5) Tap the “Create Account” Icon
6) Enter the required information and tap “Send Activation” button
7) Make sure to provide your Email & Phone Number to the listing agent so that they may grant you access.
8) After creating an account with the SentriConnect® application, open the Registration link sent to in your inbox.
9) Please check your SMS messages for an activation link to complete your registration and setup.
10) Open and log into the SentriConnect® application
11) Press the ENT button on the lockbox keypad that you want to open.
12) Enter your PIN into the application and tap the Open Lockbox button.
13) The lockbox will open and you will receive a message confirming your access.
How to Use SentriSmart® to Grant SentriConnect® Access
1) Launch SentriSmart®
2) Select the “Lockbox Tools” tab, then choose the lockbox you’d like to access.
3) Select “Grant SentriConnect”
4) Enter SentriConnect® User’s email address and identify the Start and End time.
5) After the information is entered, Select “Grant Access” and enter your PIN
6) You will receive a success message confirming that access was granted.
7) You may go to the “message” tab to review or revoke lockbox accesses
August Newsletter Now Available: Walk a Mile in My Shoes, Sample Ballot, Candidate Bios, and more!
Your copy of the FAAR Newsletter, the FAARside is here! Crack open a copy to learn about what’s going on at the Association including a letter from the President, the candidate bios for 2021 Leadership, and more!
This edition includes
- Sample Leadership Ballot
- Walk a Mile in My Shoes by Sha Williams-Hinnant, Chair of the Diversity Committee
- Fair Housing Resources
- Are you ready for some Golf? A message from Anne Overington, Foundation President
- Affiliate Marketing Partners
and more!
Right click here or the image and click “Save as” to download
Press Releases
FAAR Endorses Candidates for Public Office
The Fredericksburg Area Association of REALTORS® (FAAR) announces endorsements for local Board of Supervisors and City Council races on the ballot for the November 2nd general election. The endorsed candidates represent areas throughout FAAR’s service territory...
Local Real Estate Market Appears to be Normalizing
The frenetic real estate market of the last 14 months seems to show signs of slowing down just a bit. “Maybe it was the hazy, hot and humid days or the influx of sellers hoping to capture the "hot" market, or maybe it was buyers who decided this sellers’ market...
Summer Selling Season is in Full Swing
The summer selling season is in full swing in the Fredericksburg area with June real estate statistics blowing the record-breaking 2020 out of the water. Total sold dollar volume increased by 29% fueled by a more than 17% rise in median sold price and a more than 10%...
Real Estate Continues to Roll Through May
The real estate market continued to post unprecedented numbers as spring marches on with significant increases in total sold dollar volume, median price, and units sold. While the percentage increases year-over-year are staggering, the gains are moderated by the fact...