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Virginia Administrative Code
Title 18. Professional And Occupational Licensing
Agency 135. Real Estate Board
Chapter 50. Fair Housing Regulations
11/21/2024

18VAC135-50-100. Other prohibited sale and rental conduct.

A. It shall be unlawful, because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status to restrict or attempt to restrict the choices of a person by word or conduct in connection with seeking, negotiating for, buying, or renting a dwelling so as to perpetuate or tend to perpetuate segregated housing patterns or to discourage or obstruct choices in a community, neighborhood, or development.

Prohibited actions under this subsection, which are generally referred to as unlawful steering practices, include:

1. Discouraging any person from inspecting, purchasing, or renting a dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of persons in a community, neighborhood, or development.

2. Discouraging the purchase or rental of a dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status by exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or of a community, neighborhood, or development.

3. Communicating to any prospective purchaser that the purchaser would not be comfortable or compatible with existing residents of a community, neighborhood, or development because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

4. Assigning any person to a particular section of a community, neighborhood, or development or to a particular floor or section of a building because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

B. It shall be unlawful because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status to engage in any conduct relating to the provision of housing or of services and facilities in connection therewith that otherwise makes unavailable or denies dwellings to persons.

Prohibited activities relating to dwellings sales and rental practices under this subsection include:

1. Discharging or taking other adverse action against an employee, broker, or agent because he refused to participate in a discriminatory housing practice.

2. Employing codes or other devices to segregate or reject applicants, purchasers, or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or refusing to deal with certain brokers or agents because they or one or more of their clients are of a particular race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

3. Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

4. Refusing to provide municipal services or property or hazard insurance for a dwelling or providing such services or insurance differently because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

Statutory Authority

§ 36-96.8 of the Code of Virginia.

Historical Notes

Derived from VR585-01-05 § 2.4, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.

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