Virginia Housing Protections for Federal Employees During a Government Shutdown

With the federal government currently in shutdown, housing providers are reminded of the protections afforded under Virginia law to furloughed federal employees and contractors. While Virginia law does not prohibit landlords from filing non-payment of rent cases against affected individuals, it does authorize a continuance in such cases under specific conditions.

Under Virginia Code § 44-209, any tenant who is a defendant in an unlawful detainer action for non-payment of rent—where the rent became due after the start of a federal government shutdown—is entitled to a 60-day continuance from the initial court date. To qualify, the tenant must appear in court and provide written proof that they have been furloughed or are not receiving wages due to the shutdown.

This protection applies to:

• Employees of the United States government,
• Independent contractors for the United States government, and
• Employees of companies under contract with the United States government.

Acceptable forms of written proof include:

• A paystub issued by a federal agency showing zero earnings for a pay period during the shutdown,
• A furlough notification letter or an essential employee status letter indicating the employee is nonessential, or
• A letter from a contracting company, signed by an officer, owner, or HR director, stating that the employee’s lack of payment is directly attributable to the government shutdown.
  It’s important to note that this continuance does not apply if the landlord has filed a material noncompliance notice for a violation of the lease unrelated to rent.

VAMA recommends that housing providers consult legal counsel to determine the best course of action when managing non-payment of rent issues involving federal employees affected by the shutdown.