2026 Midsession Virginia Legislative Update
Today, February 18th, is Crossover Day! This is the day when the Virginia House of Delegates and Virginia Senate exchange bills that have been passed by their chamber and will be considered by the other. Any proposed bill that hasn’t been approved and passed on to the opposite chamber is dead for this session. A bill doesn't become law until both chambers approve it and the governor signs it.
Key Bills and Proposed Changes to Watch
Family & Medical Leave – A bill to provide family and medical leave up to 12 weeks per year for childbirth and adoption, long-term illness or injury, or caring for a family member with a serious illness has been approved and passed over. The program would pay up to 80% of an employee’s average weekly wage but not more than 100% of the statewide average weekly wage. The insurance program will be created with premiums assessed to employers and employees. HB1207/SB2
HB642 provides a system for retail sales of marijuana and cannabis control beginning November 2026.
VA Residential Landlord and Tenant Act is being targeted to provide more protection for tenants and to reduce evictions.
● One bill prevents landlords from taking adverse action against an applicant with an eviction on their record if the eviction was dismissed or is eligible for expungement.
● If a tenant pays all the money due before an eviction proceeding, attorney’s fees would be capped at $50.
● HB281 proposes to remove the requirement that a tenant pay into court the money due before asserting a defense.
● Service members needing to move suddenly may give 30 days’ notice to end a lease without penalty. This is a reduction from the current 60-day notice provision.
● HB616 requires landlords to give 21 days’ notice before terminating a rental agreement when the premises have been damaged by fire and to offer a similar unit while repairs are made, if possible.
● Another bill requires landlords to provide air conditioning.
Minimum Wage Increase - This bill provides for a minimum wage increase from $12.77 (effective Jan. 1, 2026) to $13.75 a year later and $15 by January 2028.
More than 30 bills having to do with firearms were introduced including SB797 that requires anyone selling a firearm to verify by Virginia State Police that the purchaser is not prohibited from purchasing a firearm.
Multiple bills were introduced addressing the affordable housing shortage. SB531 regarding accessory dwelling units (ADUs) that are small homes, sometimes referred to as “granny pods,” built on a lot zoned for one house only remains in subcommittee.
Two bills having to do with “right to repair” were not advanced. One involved digital components and the other was for farm equipment. The bills would have required manufacturers to provide parts, tools, and documents to owners and independent repair providers unaffiliated with the manufacturer. The issue is balancing consumer rights with protected intellectual property.
We’re approaching Budget Sunday (Feb 22nd) where the House and Senate will each provide a proposed budget. The draft budgets will eventually have to be reconciled and approved by the governor, but they will shed light on spending and revenue. Unlike the federal government, Virginia has a balanced budget amendment so expected revenue must cover proposed expenses.
The VA Supreme Court has approved an April 21st referendum where the voters will decide whether to approve a constitutional amendment to redistrict congressional maps. This battle is being played out in various states and is part of a federal movement to add or take away members of congress based on the likelihood of the representative being from a particular party. Until and unless a federal bill is passed making congressional districting non-partisan, it is likely to continue.
The VA Consumer Data Protection Act that took effect January 1, 2026, requires social media companies to use age screeners to determine if users are under 16 then limit their use to one hour per day per app. Parents can modify that standard restriction. The current Virginia Attorney General pledges to enforce this new law.
I’ll continue to monitor these matters plus many others. And I’ll post a legislative update by July 1, 2026, when most of the new laws go into effect.
Kathryn Byler is a Pender & Coward attorney focusing her practice on real estate, business, guardianships, and estate planning matters. Kathryn is an adjunct professor at Regent Law School, a licensed real estate broker, and is Vice Chair of the Virginia Beach Planning Commission.