The Virginia REALTORS^® legal team files amicus brief to protect the rights of property managers and owners

In 2006, in response to a lawsuit filed against one of our members for a tenant’s mold exposure, Virginia REALTORS^® worked to introduce legislation that would limit a property manager’s liability in certain circumstances. The 2007 bill was sent to the Virginia Housing Commission in part to allow the various industries the opportunity to resolve disputes over language in the bill. Virginia REALTORS^® worked hard between the 2007 and 2008 General Assembly sessions to ensure that our members would be protected when they met certain statutory requirements.

Recently, a number of lawsuits have been filed against property managers seeking to hold them liable for tenant’s mold exposure. These cases challenge the law Virginia REALTORS^® worked to pass in 2007 and 2008. In one such case, currently before the Supreme Court of Virginia, Virginia REALTORS^® filed an amicus brief encouraging the Court to uphold the protections provided to property managers and property owners.

Amicus curiae, translates to “friend of the court’, and is someone who is not a party to litigation, but who assists the court by offering information that bears on the case. In this case, Virginia REALTORS^® is not a party to the litigation, but as the largest professional trade association in Virginia, representing nearly 33,000 members, and the organization that was intimately involved in the creation of the law at issue, we had information that will assist the Court in making its decision.

Virginia REALTORS^® will continue working hard to protect our members’ rights.