Va. Law Requires Landlords to Hand Over Tenant Information

A little-known Virginia law that requires landlords to turn over the identities and other information related to their tenants has some residents wondering if their privacy is being invaded.  

Virginia law 58.1-3901 states that “Every person owning or operating any apartment house or any office building or shopping center … shall on or before Feb. 1 of each year upon request of the commissioner of the revenue of the county or city … file with such commissioner of the revenue a list giving the name and the address of every tenant  …”

Anyone who doesn’t comply is guilty of a Class 4 misdemeanor, according to the law.

Residents of the Residence at City Center Apartments received a noticed from Clark Realty, the owner of the complex, this week about the law. The letter stated the company is complying with the law and the names would be turned over this month.

Manassas Park Commissioner of the Revenue Debbie Wood said Clark was suppose to turn the names over by Feb. 1 but didn’t. The commissioner’s office wasn’t aware that the Clark Realty had sent a letter to its tenants, Woods said.

Wood said her office had received several phone calls from City Center residents in regards to the letter.

 Representatives of the company met with Manassas Park officials and later agreed to comply with the law, said Manassas Park City Manager Jim Zumwalt. He said the law has been around since 1950 and is not new.

 A spokesperson for Clark Realty, who didn't want to be identified, declined to comment on the record about the law, why the company sent the letter to its tenants or, if Clarke Realty tenants outside of Manassas Park had received a similar letter.

 The government is requesting the information to ensure that everyone pays his or her taxes, Zumwalt said. This assures the tax system is fair and that responsible citizens don’t have to pay more to cover the cost of irresponsible citizens, he said.

 Manassas Park is a small city and it’s important that it gets all its revenue, Wood said. City Center residents weren’t singled out, she said. But rather, everyone in Manassas Park who rents to a large number of tenants was asked to turn over the information, she said.

Manassas Park resident Marko Clement said she feels like the government asking landlords for the information is a little invasive. “If they get it without your consent, it is an invasion of privacy," Clement said.

She doesn’t rent in Manassas Park, but knowing that such a law is on the books could affect her decision if she ever considers renting, Clement said.

Michelle Herder, a former resident of City Center Apartments, was shocked to learn that the law existed in Virginia. Herder said she didn’t understand why City Center management would send out that letter.

The company already reminds tenants in their monthly newsletter to get the Manassas Park decal, she said. “I personally value my own privacy, but I also understand the government’s reasoning," Herder said. "I don’t want to be paying for other people’s taxes. I don’t want to have to pay extra taxes. I think I pay plenty.  If that helps, then I’m okay."

Manassas Park officials do “sweeps” of the city, checking to see if every resident in Manassas Park has a car decal and the proper license plates to ensure the city and state gets revenue, she said.

A decal costs residents  $25 a year and is a mechanism for officials to identify what vehicles belong in Manassas Park for tax purposes. It also allows the city to properly report to Virginia for personal property tax relief. A new decal is issued each year after the fee is paid.

 A meeting will be held Tuesday at 7 p.m. to discuss the possible elimination of decal issuance or the issuing of a permanent decal.

Manassas Park officials have looked to neighboring jurisdictions and considered how they handle matters pertaining to decals.

Falls Church and Fairfax City still issue decals and have no plans to discuss eliminating the program.

The nearest jurisdiction, Manassas City, stop issuing decals one year ago, allowing the license fee to replace the decal fee.

Fairfax County stop charging fees and discontinued its decal program two years ago. The county, later began charging a licenses fee but isn’t issuing decals.