Administrative Code

Virginia Administrative Code
5/13/2021

Part I. General Provisions

18VAC135-50-10. Definitions.

Part I
General Provisions

The definitions provided in the Virginia Fair Housing Law, as they may be supplemented in this section, shall apply throughout this chapter.

The following words and terms used in this chapter have the following meanings, unless the context clearly indicates otherwise:

"Authorized representative" means (i) an attorney licensed to practice law in the Commonwealth, or (ii) a law student appearing in accordance with the third-year student practice rule, or (iii) a non-lawyer under the supervision of an attorney and acting pursuant to Part 6, § 1, Rule 1 (UPR 1‑101(A)(1)) of the Rules of the Supreme Court of Virginia, or (iv) a person who, without compensation, advises a complainant, respondent, or aggrieved person in connection with a complaint, a conciliation conference, or a proceeding before the board. When a complainant, respondent, or aggrieved person authorizes a person to represent him under subdivision (iv) of this definition, such authority shall be made to the board, either in writing or orally in an appearance before the board, and shall be accepted by the representative by sending a written acknowledgement to the board or by the representative's appearance before the board.

"Board" means the Real Estate Board or the Fair Housing Board, or both.

"Broker" or "agent" means any person authorized to perform an action on behalf of another person regarding any matter related to the sale or rental of dwellings, including offers, solicitations, or contracts and the administration of matters regarding such offers, solicitations, or contracts or any residential real estate-related transactions.

"Department" means the Virginia Department of Professional and Occupational Regulation.

"Fair housing administrator" means the individual employed and designated as such by the Director of the Department of Professional and Occupational Regulation.

"Fair housing law" means the Virginia Fair Housing Law, Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia, effective July 1, 1991.

"Gender identity" means the gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth.

"Person in the business of selling or renting dwellings" means any person who (i) within the preceding 12 months, has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein; (ii) within the preceding 12 months, has participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest therein; or (iii) is the owner of any dwelling designed or intended for occupancy by or occupied by, five or more families.

"Receipt of notice" means the day that personal service is completed by handing or delivering a copy of the document to an appropriate person or the date that a document is delivered by certified mail, or three days after the date of the proof of mailing of first class mail.

"Sexual orientation" means a person's actual or perceived heterosexuality, bisexuality, or homosexuality.

"Status as a veteran" means a person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in the Army, Marines, Navy, Air Force, or Coast Guard; the Reserve components thereof, including the Army and Air National Guard and the Virginia Defense Force; the commissioned corps of the Public Health Service; and any other category of persons designated as members of the armed forces by the President in time of war or national emergency.

Statutory Authority

§§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.

Historical Notes

Derived from VR585-01-05 § 1.1, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 23, Issue 22, eff. September 22, 2007; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-20. Purpose.

This chapter governs the exercise of the administrative and enforcement powers granted to and the performance of duties imposed upon the Real Estate Board and the Fair Housing Board by the Virginia Fair Housing Law. In accordance with § 54.1-2344 of the Code of Virginia, the Real Estate Board is responsible for the administration and enforcement of the Fair Housing Law with respect to real estate licensees or their agents or employees who have allegedly violated or violated the Fair Housing Law. The Fair Housing Board is responsible for the administration and enforcement of the Fair Housing Law with respect to all others who have allegedly violated or violated the Fair Housing Law.

This chapter provides the board's interpretation of the coverage of the fair housing law regarding discrimination related to the sale or rental of dwellings, the provision of services in connection therewith, the availability of residential real estate-related transactions, or any other discriminatory conduct prohibited by the Virginia Fair Housing Law.

Statutory Authority

§§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.

Historical Notes

Derived from VR585-01-05 § 1.2, eff. December 1, 1991; amended, Virginia Register Volume 23, Issue 22, eff. September 22, 2007; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-30. General construction.

This chapter shall be construed to further the policies and purposes of the Virginia Fair Housing Law. The board does not intend that a failure by the board to comply with this chapter should constitute a jurisdictional or other bar to administrative or legal action unless otherwise required under this chapter or the law. The board further intends that this chapter shall impose obligations, rights and remedies which are substantially equivalent to those provided by the federal fair housing law and regulations.

Statutory Authority

§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.

Historical Notes

Derived from VR585-01-05 § 1.3, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-40. (Repealed.)

Historical Notes

Derived from VR585-01-05 § 1.4, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.

18VAC135-50-50. Scope.

It is the policy of Virginia to provide, within constitutional limitations, for fair housing throughout the Commonwealth and to impose obligations, rights, and remedies substantially equivalent to those granted under federal law. No person shall be subject to discriminatory housing practices in the sale, rental, advertising of dwellings, inspection of dwellings, or entry into a neighborhood, in the provision of brokerage services, financing, the availability of residential real estate-related transactions, or any other discriminatory conduct prohibited by the Virginia Fair Housing Law because of race, color, religion, sex, disability, elderliness, familial status, national origin, source of funds, sexual orientation, gender identity, or status as a veteran.

Statutory Authority

§§ 36-96.8 and 54.1-2105 of the Code of Virginia; 42 USC § 3613.

Historical Notes

Derived from VR585-01-05 § 1.5, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014.

18VAC135-50-60. Notice.

Whenever any person is required by these regulations to give notice to any other person of any fact, matter, or event, then such notice shall be written, and delivery of such notice shall be sufficient if the person giving notice demonstrates that he has used any of the following methods: (i) certified mail, (ii) personal service which means handing a copy of the document to the person to be served or leaving a copy of the document with a person of suitable age and discretion at the place of business, residence or usual place of abode of the person to be served; and (iii) first class mailing with proof of mailing.

This section shall in no way be construed to invalidate delivery of notice in any case in which it can be shown that the person intended to receive the notice actually received it.

Statutory Authority

§ 36-96.8 of the Code of Virginia.

Historical Notes

Derived from VR585-01-05 § 1.6, eff. December 1, 1991.

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