Update
Reform Virginia’s Eviction Diversion Program to Reduce Evictions
SUPPORT HB 837 (Delegate McClure)
Published / By Christine E. Marra, Esq. and Janae Craddock, Esq.
Support HB 837 (Delegate McClure)
In 2019, Virginia established a pilot program called the Eviction Diversion Program, and in 2025 the program was made permanent. The stated goal of the program is to reduce the number of evictions of low-income persons. VA Code 55.1-1260(A). Unfortunately, very few tenants have participated in the four pilot programs established in the cities of Richmond, Petersburg, Hampton and Danville. A total of 27 tenants participated in the EDP for the four programs from July 2020 to June 2024. During 2024 alone, a combined total of approximately 35,000 eviction cases were filed in these jurisdictions. Source: Virginia Housing Commission.The most likely reasons for low participation by tenants in Eviction Diversion Programs are:
- They don’t know about the program prior to the first court date and therefore aren’t prepared to pay 25% of the amount owed, a requirement to participate in the program.
- They have been late on rent more than twice in the past six months or three times in the past twelve months and are therefore ineligible for the program. There are many reasons a tenant may be late on rent numerous times in one year; they don’t all indicate an inability or unwillingness to pay.
- They have exercised their right to redeem (pay everything owed after the case is filed) within the past six months, another disqualifying factor.
HB837/SB will encourage greater participation in Eviction Diversion Programs, and help ensure the success of tenants who participate in the Programs, by:
- Requiring courts that opt to establish an Eviction Diversion Program to attach information about the program to the summons served on defendants in eviction cases. This will alert tenants who want to participate in the program of what they are required to do and enable them to be prepared to enter the program at their first court appearance.
- Eliminating the mandatory payment schedule and disqualification of tenants who have a history of making late payments or exercising their right of redemption.
- Excluding from Program participation any tenants who have defaulted on a payment plan for rent in the previous twelve months or who owe money under an existing payment plan to participate. This helps to ensure that the Program is narrowly tailored to serve those tenants most likely to succeed.
- Allowing local courts establishing Eviction Diversion Programs to add other eligibility criteria.
By removing the restrictive mandatory eligibility criteria while disqualifying tenants who have recently been unable to complete payment plans, HB837/SB will allow localities to develop targeted programs to help many more people, and the Eviction Diversion Program can more robustly meet its goal of reducing evictions among low-income tenants.
For more information, contact: Christie Marra • christie@vplc.org • 804-615-8150 or Janae Craddock, janae@vplc.org
