Fair Housing in Virginia: What Every Landlord Must Know

Fair housing rules apply to every Virginia landlord, from large companies to an owner renting out one townhouse. Virginia’s law protects more groups than federal law, and mistakes, even unintended ones, can lead to a complaint. Here is what Northern Virginia owners need to know.

Who is protected in Virginia

According to the Virginia Fair Housing Office, it is illegal to discriminate in housing because of:

• Race
• Color
• Religion
• National origin
• Sex
• Familial status (families with children under 18, and pregnant people)
• Disability
• Elderliness (people age 55 and older)
• Source of funds, including housing vouchers and other lawful assistance programs
• Sexual orientation
• Gender identity
• Military status, including service members, reservists, veterans and their dependents

The classes in bold go beyond the federal Fair Housing Act. In Northern Virginia, with its many military families and voucher holders, source of funds and military status come up often.

What landlords can’t do

Under Va. Code § 36-96.3, a landlord may not, because of a protected class:

• Refuse to rent, refuse to negotiate or make a home unavailable
• Offer different rent, terms, deposits or services
• Falsely say a home isn’t available to show or rent
• Publish an ad that shows a preference or limitation

Writing a fair rental ad

Describe the home, not the tenant you want.

Avoid	Use instead
“Perfect for a young professional”	“Close to Metro and I-66”
“No vouchers” or “No Section 8”	State the income and screening requirements for everyone
“Ideal for a single person or couple”	“Two-bedroom, 950 square feet”
“Christian home” or “near our church”	“Near shopping and parks”
“No children”	Describe the home and amenities only

Screening fairly

• Write your screening criteria down, such as income, credit, rental history and background, and apply them the same way to every applicant.
• Count all lawful income, including vouchers and benefits, when you check whether an applicant meets your income standard.
• Process applications in the order you receive them.
• Keep records of why each applicant was approved or denied.

Reasonable accommodations and modifications

Landlords must make reasonable accommodations in rules and policies for tenants with disabilities. A common example is allowing an assistance animal in a no-pet home. Landlords must also allow reasonable modifications, such as grab bars, usually at the tenant’s expense. Where reasonable, a landlord may require the tenant to restore the inside of the home when they move out.

What happens if someone files a complaint

Complaints can be filed with the Virginia Fair Housing Office in writing within one year. An investigator interviews the people involved and reviews records, and a conciliation specialist may help both sides reach an agreement. Complaints that also fall under federal law are filed with HUD as well.

Sources

• Virginia Fair Housing Office (DPOR): protected classes and complaint process
• Va. Code § 36-96.3: Unlawful discriminatory housing practices
• Virginia DHCD: Tenant and Landlord Resources

This is general information, not legal advice. Talk with a Virginia attorney about specific situations.

Fair, consistent screening on every home

Stellar Gate Management uses written screening standards for every applicant and follows federal and Virginia fair housing law.

Call 202-710-3342 or email info@stellargatemanagement.com, or request your free rental analysis below.