Rent Board Approves New Policy on Excess Rent Refunds

On June 19, 2019, the Rent Board rescinded Subsection (C) of Regulation 605, eliminating the requirement for Landlords to return excess rent via a cashier’s check with 10 days. In lieu of this requirement, and upon agreement of the Tenant, excess rent may be returned to the Tenant through the execution of a repayment agreement between the Tenant and Landlord, a reduction of Tenant’s rent until the amount is satisfied, the Landlord's partial payment of the amount owed combined with a reduction in rent, or other calculable forms of repayment. Under Section 11.100.100 of the Richmond Municipal Code, Tenants may not waive any provisions of the Rent Ordinance, which means that under any repayment plan, Tenants cannot waive or modify the amount of excess rent owed. The Tenant may only agree to modify the method and form of repayment. As is prudent practice, Landlords and Tenants are encouraged to document any agreement in writing and may request mediation through the Rent Program to facilitate an excess rent repayment agreement. Tenants who choose not to agree to a repayment plan, or whose Landlord fails to adhere to a previously agreed upon repayment plan, may file an Excess Rent petition with the Rent Program to compel the Landlord to refund any excess rent owed.