Part II. Regulated Conduct
Article 1
Prohibited Practices
18VAC135-50-70. Real estate practices prohibited.
Article 1
Prohibited Practices
This chapter provides the board's interpretation of conduct that is unlawful housing discrimination under § 36-96.3 of the Code of Virginia. The list of unlawful discriminatory housing practices contained in § 36-96.3 of the Virginia Fair Housing Law is to be construed as broadly as possible. In general, the prohibited actions are set forth under sections of these regulations which are most applicable to the discriminatory conduct described. However, an action illustrated in one section can constitute a violation under other sections in these regulations.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.1, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-80. Unlawful refusal to sell or rent or to negotiate for the sale or rental.
Prohibited actions under this section include:
1. Failing to accept or consider a bona fide offer because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
2. Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental of a dwelling with any person because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
3. Imposing different sales prices or rental charges for the sale or rental of a dwelling upon any person because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
4. Using different qualification criteria or applications or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis, or sale or rental approval procedures or other requirements, because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
5. Evicting tenants because of their 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 a tenant's guest.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.2, 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.
18VAC135-50-90. Discrimination in terms, conditions and privileges and in services and facilities.
Examples of prohibited actions under this section include:
1. Using different provisions in leases or contracts of sale, such as those relating to rental charges, security deposits, and the terms of a lease and those relating to down payment and closing requirements, because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
2. Failing or delaying maintenance or repairs of sale or rental dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
3. Failing to process an offer for the sale or rental of a dwelling or to communicate an offer accurately because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
4. Limiting the use of privileges, services, or facilities associated with a dwelling because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of an owner, tenant, or a person associated with the owner or tenant.
5. Denying or limiting services or facilities in connection with the sale or rental of a dwelling because a person failed or refused to provide sexual favors.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.3, 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.
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.
18VAC135-50-110. Discriminatory advertisements, statements and notices.
A. It shall be unlawful to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or an intention to make any such preference, limitation, or discrimination.
B. The prohibitions in this section shall apply to all written or oral notices or statements by a person engaged in the sale or rental of a dwelling. Written notices and statements include any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or any documents used with respect to the sale or rental of a dwelling.
C. Discriminatory notices, statements, and advertisements include:
1. Using words, phrases, photographs, illustrations, symbols, or forms that convey that dwellings are available or not available to a particular group of persons because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
2. Expressing to agents, brokers, employees, prospective sellers, renters, or any other persons a preference for or limitation on any purchaser or renter because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of such person.
3. Selecting media or locations for advertising the sale or rental of a dwelling that deny particular segments of the housing market information about housing opportunities 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 publish advertising for the sale or rental of dwellings or requiring different charges or terms for such advertising because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
D. Publishers' notice. All publishers shall publish at the beginning of the real estate advertising section a notice such as that appearing in this subsection. The notice shall include a statement regarding the coverage of any Virginia and federal fair housing laws prohibiting discrimination in the sale, rental, or financing of dwellings:
"All real estate advertised herein is subject to the Virginia and federal fair housing laws, which make it illegal to advertise "any preference, limitation, or discrimination because of race, color, religion, sex, disability, familial status, national origin, elderliness, source of funds, sexual orientation, gender identity, or military status or intention to make any such preference, limitation, or discrimination."
We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. (Table III, Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition))."
E. Fair housing poster requirements.
1. Persons subject to § 36-96.3 of the Virginia Fair Housing Law shall post and maintain a HUD approved fair housing poster as follows:
a. With respect to a single-family dwelling (not being offered for sale or rental in conjunction with the sale or rental of other dwellings) offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings, such person shall post and maintain a fair housing poster at any place of business where the dwelling is offered for sale or rental.
b. With respect to all other dwellings covered by the Virginia Fair Housing Law: (i) a fair housing poster shall be posted and maintained at any place of business where the dwelling is offered for sale or rental, and (ii) a fair housing poster shall be posted and maintained at the dwelling, except that with respect to a single-family dwelling being offered for sale or rental in conjunction with the sale or rental of other dwellings, the fair housing poster may be posted and maintained at the model dwellings or at a conspicuous location instead of at each of the individual dwellings.
c. With respect to those dwellings to which subdivision 1 b of this subsection applies, the fair housing poster must be posted at the beginning of construction and maintained throughout the period of construction and sale or rental.
2. The poster requirement does not apply to vacant land or any single-family dwelling, unless such dwelling (i) is being offered for sale or rental in conjunction with the sale or rental of other dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in subdivision 1 b (ii) of this subsection, or (ii) is being offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings in which circumstances a fair housing poster shall be posted and maintained as specified in subdivision 1 a of this subsection.
3. All persons subject to § 36-96.4 of the Virginia Fair Housing Law, Discrimination in Residential Real Estate-Related Transactions, shall post and maintain a fair housing poster at all their places of business which participate in the covered activities.
4. All persons subject to 18VAC135-50-140, Discrimination in the Provision of Brokerage Services, shall post and maintain a fair housing poster at all their places of business.
5. Location of posters. All fair housing posters shall be prominently displayed so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate-related transactions or brokerage services.
6. Availability of posters. All persons subject to this part may obtain fair housing posters from the Virginia Department of Professional and Occupational Regulation. A facsimile may be used if the poster and the lettering are equivalent in size and legibility to the poster available from the Department of Professional and Occupational Regulation. Any person who claims to have been injured by a discriminatory housing practice may file a complaint with the administrator pursuant to Part III (18VAC135-50-300 et seq.) of this chapter.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.5, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-120. Discriminatory representations on the availability of dwellings.
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 provide inaccurate or untrue information about the availability of dwelling for sale or rental.
B. Prohibited actions under this section include:
1. Indicating through words or conduct that a dwelling that is available for inspection, sale, or rental has been sold or rented because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
2. Representing that covenants or other deed, trust, or lease provisions that purport to restrict the sale or rental of dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status preclude the sale or rental of a dwelling to a person.
3. Enforcing covenants or other deed, trust, or lease provisions that preclude the sale or rental of a dwelling to any person because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
4. Limiting information by word or conduct regarding suitably priced dwellings available for inspection, sale, or rental because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
5. Providing false or inaccurate information regarding the availability of a dwelling for sale or rental to any person, including testers, regardless of whether such person is actually seeking housing 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 § 2.6, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-130. Blockbusting.
A. It shall be unlawful to induce or attempt to induce a person to sell or rent a dwelling by representations regarding the entry or prospective entry into the neighborhood of a person of a particular race, color, religion, sex, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or with a disability.
B. Prohibited actions under this section include:
1. Engaging in conduct (including uninvited solicitations for listing) that conveys to a person that a neighborhood is undergoing or is about to undergo a change in the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of persons residing in it in order to encourage the person to offer a dwelling for sale or rental.
2. Encouraging any person to sell or rent a dwelling through assertions that the entry or prospective entry of persons of a particular race, color, religion, sex, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status or with disabilities can or will result in undesirable consequences for the project, neighborhood, or community, such as a lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other services or facilities.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.7, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-140. Discrimination in the provision of brokerage services.
Prohibited actions under this section include:
1. Setting different fees for access to or membership in a multiple listing service based on race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
2. Denying or limiting benefits accruing to members in a real estate brokers' organization because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
3. Imposing different standards or criteria for membership in a real estate sales, rental, or exchange organization because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
4. Establishing geographic boundaries or office location or residence requirements for access to or membership or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings 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 § 2.8, 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.
18VAC135-50-150. (Repealed.)
Historical Notes
Derived from VR585-01-05 § 2.9, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-160. Discrimination in the making of loans and in the provision of other financial assistance.
A. It shall be unlawful for any person or entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available loans or other financial assistance for a dwelling or that is or is to be secured by a dwelling because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual identity, gender identity, or military status.
B. Prohibited practices under this section include failing or refusing to provide to any person, in connection with a residential real estate-related transaction, information regarding the availability of loans or other financial assistance, application requirements, or procedures or standards for the review and approval of loans or financial assistance or providing information that is inaccurate or different from that provided others because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.10, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-170. Discrimination in the purchasing of loans.
A. It shall be unlawful for any person or entity engaged in the purchasing of loans or other debts or securities that support the purchase, construction, improvement, repair, or maintenance of a dwelling or that are secured by residential real estate to refuse to purchase such loans, debts, or securities, or to impose different terms or conditions for such purchases, because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
B. Unlawful conduct under this section includes:
1. Purchasing loans or other debts or securities that relate to or are secured by dwellings in certain communities or neighborhoods but not in others because of the race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status of persons in such neighborhoods or communities.
2. Pooling or packaging loans or other debts or securities that relate to or are secured by dwellings differently because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
3. Imposing or using different terms or conditions on the marketing or sale of securities issued on the basis of loans or other debts or securities that relate to or are secured by dwellings because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
C. This section does not prevent consideration, in the purchasing of loans, of factors justified by business necessity, including requirements of federal law relating to a transaction's financial security, or to protection against default or reduction of the value of the security. Thus, this provision would not preclude considerations employed in normal and prudent transactions, provided that no such factor may in any way relate to race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.11, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-180. Discrimination in the terms and conditions for making available loans or other financial assistance.
A. It shall be unlawful for any person or entity engaged in the making of loans or in the provision of other financial assistance relating to the purchase, construction, improvement, repair or maintenance of dwellings or which are secured by residential real estate to impose different terms or conditions for the availability of such loans or other financial assistance because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
B. Unlawful conduct under this section includes:
1. Using different policies, practices, or procedures in evaluating or in determining credit worthiness of any person in connection with the provision of any loan or other financial assistance for a dwelling or for any loan or other financial assistance that is secured by residential real estate because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
2. Determining the type of loan or other financial assistance to be provided with respect to a dwelling or fixing the amount, interest rate, duration, or other terms for a loan or other financial assistance for a dwelling that is secured by residential real estate because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.12, eff. December 1, 1991; amended, Virginia Register Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-190. Unlawful practices in the selling, brokering, or appraising of residential real property.
A. It shall be unlawful for any person or other entity whose business includes engaging in the selling, brokering or appraising of residential real property to discriminate against any person in making available such services, or in the performance of such services, because of race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
B. For the purposes of this section the term "appraisal" means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.
C. Practices that are unlawful under this section include using an appraisal of residential real property in connection with the sale, rental, or financing of any dwelling where the person knows or reasonably should know that the appraisal improperly takes into consideration race, color, religion, sex, disability, familial status, elderliness, national origin, sexual orientation, gender identity, or military status.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.13, 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.
18VAC135-50-200. General prohibitions against discrimination because of disability.
A. Definitions. As used in this section, the following words and terms shall have the following meanings, unless a different meaning is plainly required by the context:
"Accessible," when used with respect to the public and common use areas of a building containing covered multi-family dwellings, means that the public or common use areas of the building can be approached, entered, and used by individuals with physical disabilities. The phrase "readily accessible to and usable by" is synonymous with "accessible." A public or common use area that complies with the appropriate requirements of ANSI A117.1-1986 or with any other standards adopted as part of regulations promulgated by HUD at 24 CFR Part 100 providing accessibility and usability for physically disabled people is accessible within the meaning of this section.
"Accessible route" means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes may include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes may include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with the appropriate requirements of ANSI A117.1-1986, or with any other standards adopted as part of regulations promulgated by HUD at 24 CFR Part 100, is an "accessible route."
"ANSI A117.1" means ANSI A117.1-1986, the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, or an equivalent or stricter standard. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 USC § 552(a) and 1 CFR Part 51. Copies may be obtained from Global Engineering Documents, 15 Inverness Way East, Englewood, Colorado 90112.
"Building" means a structure, facility, or portion thereof that contains or serves one or more dwelling units.
"Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to accessible parking and passenger loading zones, or to public streets or sidewalks, if available. A building entrance that complies with ANSI A117.1 or a comparable standard complies with the requirements of this paragraph.
"Common use areas" shall include rooms, spaces, or elements inside or outside of a building that are not part of the dwelling unit and that are made available for the use of residents of a building or the guests thereof. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mailrooms, recreational areas, and passageways among and between buildings.
"Controlled substance" means any drug or other substance as defined in Virginia or federal law.
The following terms, as used in the definition of "disability" contained in § 36-96.1:1 of the Code of Virginia, shall mean:
1. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
2. "Is regarded as having an impairment" means:
a. Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;
b. Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of other toward such impairment; or
c. Has none of the impairments defined in "physical or mental impairment" but is treated by another person as having such an impairment.
3. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
4. "Physical or mental impairment" includes:
a. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or
b. Any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, intellectual disability, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance), and alcoholism.
"Dwelling unit" means a single unit of residence for a family or one or more persons. Examples of dwelling units include: a single family home; an apartment unit within an apartment building; and in other types of dwellings in which sleeping accommodations are provided but toileting or cooking facilities are shared by occupants of more than one room or portion of the dwelling, rooms in which people sleep. Examples of the latter include dormitory rooms and sleeping accommodations in shelters intended for occupancy as a residence for homeless persons.
"Entrance" means any access point to a building or portion of a building used by residents for the purpose of entering.
"Exterior" means all areas of the premises outside of an individual dwelling unit.
"First occupancy" means a building that has never before been used for any purpose.
"Ground floor" means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.
"Interior" means the spaces, parts, components, or elements of an individual dwelling unit.
"Modification" means any change to the public or common use areas of a building or any change to a dwelling unit.
"Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.
"Public use areas" means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.
"Site" means a parcel of land bounded by a property line or a designated portion of a public right of way.
B. General prohibitions against discrimination because of disability. It shall be unlawful to make an inquiry to determine whether an applicant for a dwelling; a person intending to reside in that dwelling after it is so sold, rented, or made available; or any person associated with that person has a disability or to make inquiry as to the nature or severity of a disability of such a person. However, this subsection does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities:
1. Inquiry into an applicant's ability to meet the requirements of ownership or tenancy;
2. Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability;
3. Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with disabilities or to persons with a particular type of disability;
4. Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance; or
5. Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
C. Reasonable modifications of existing premises.
1. It shall be unlawful for any person to refuse to permit, at the expense of a disabled person, reasonable modifications of existing premises, occupied or to be occupied by a disabled person, if the proposed modifications may be necessary to afford the disabled person full enjoyment of the premises of a dwelling. In the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted. The landlord may not increase for disabled persons any customarily required security deposit. However, where it is necessary in order to ensure with reasonable certainty that funds will be available to pay for the restorations at the end of the tenancy, the landlord may negotiate as part of such a restoration agreement a provision requiring that the tenant pay into an interest bearing escrow account, over a reasonable period, a reasonable amount of money not to exceed the cost of the restorations. The interest in any such account shall accrue to the benefit of the tenant.
2. A landlord may condition permission for a modification on the renter providing a reasonable description of the proposed modifications as well as reasonable assurances that the work will be done in a workmanlike manner and that any required building permits will be obtained.
3. Except as otherwise provided, the Joint Statement of the Department of Housing and Urban Development and the Department of Justice "Reasonable Modifications under the Fair Housing Act" dated March 5, 2008, is hereby incorporated by reference to provide guidance regarding the rights and obligations of persons with disabilities and housing providers relating to reasonable modifications. A copy of the joint statement may be obtained from the Virginia Fair Housing Office.
D. Reasonable accommodations.
1. It shall be unlawful for any person to refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling unit, including public and common use areas.
2. A request for accessible parking to accommodate a disability must be treated as a request for reasonable accommodation.
3. Except as otherwise provided, the Joint Statement of the Department of Housing and Urban Development and the Department of Justice "Reasonable Accommodations under the Fair Housing Act" dated May 17, 2004, is hereby incorporated by reference to provide guidance regarding the rights and obligations of persons with disabilities and housing providers relating to reasonable accommodations. A copy of this joint statement may also be obtained from the Virginia Fair Housing Office.
E. Design and construction requirements. Covered multi-family dwellings for first occupancy after March 13, 1991, shall be designed and constructed to have at least one building entrance on an accessible route unless it is impractical to do so because of the terrain or unusual characteristics of the site. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person who designed or constructed the housing facility.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.14, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-210. Housing for older persons.
Nothing in the Virginia Fair Housing Law regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, "housing for older persons" includes:
1. Housing provided under any state or federal program determined by the Secretary of Housing and Urban Development to be specifically designed and operated to assist elderly persons;
2. 62 or over housing. The provisions regarding familial status in these regulations shall not apply to housing intended for, and solely occupied by persons 62 years of age or older. Housing satisfies the requirements of this exemption even though:
a. There are persons residing in such housing on September 13, 1988, who are under 62 years of age, provided that all new occupants are persons 62 years of age or older;
b. There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or older;
c. There are units occupied by employees of the housing (and family members residing in the same unit) who are under 62 years of age provided they perform substantial duties directly related to the management or maintenance of the housing.
3. 55-or-over housing. The provisions regarding familial status shall not apply to housing intended and operated for occupancy by at least one person 55 years of age or older per unit, provided that the housing satisfies the following requirements:
a. At least 80% of the occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit except that a newly constructed housing facility for first occupancy after March 12, 1989, need not comply with this section until 25% of the units in the facility are occupied.
(1) For purposes of this section, "occupied unit" means:
(a) A dwelling unit that is actually occupied by one or more persons on the date that the exemption for 55-or-older housing is claimed; or
(b) A temporarily vacant unit, if the primary occupant has resided in the unit during the past year and intends to return on a periodic basis.
(2) For purposes of this section, occupied by at least one person 55 years of age or older means that on the date the exemption for 55-or-older housing is claimed:
(a) At least one occupant of the dwelling is 55 years of age or older; or
(b) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date of which the unit was vacated was 55 years of age or older.
(3) Newly constructed housing for first occupancy after March 12, 1989, need not comply with the requirements of this section until at least 25% of the units are occupied. For purposes of this section, newly constructed housing includes facilities or communities that have been wholly unoccupied for at least 90 days prior to reoccupancy due to renovation or rehabilitation.
b. Housing satisfies the requirements of the 55 or older exemption even though:
(1) There are units occupied by employees of the housing facility or community (and family members residing in the same unit) who are under 55 years of age provided the employees perform substantial duties directly related to the management or maintenance of the housing facility or community.
(2) There are units occupied by persons who are necessary to provide a reasonable accommodation to disabled residents and who are under the age of 55.
(3) Reserves all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80% of the units are occupied by at least one person who is 55 years of age or older.
c. Where application of the 80% rule results in a fraction of a unit, that unit shall be considered to be included in the units that must be occupied by at least one person 55 years of age or older.
d. Each housing facility or community may determine the age restriction for units that are not occupied by at least one person 55 years of age or older so long as the housing facility or community complies with the provisions of 18VAC135-50-220.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.15, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-212. Intent to operate as 55 or over housing.
A. In order for a housing facility or community to qualify as 55-or-older housing, it must publish and adhere to policies and procedures that demonstrate its intent to operate as housing for persons 55 years of age or older. The following factors are considered relevant in determining whether the housing facility or community has complied with this requirement:
1. The manner in which the housing facility or community is described to prospective residents;
2. Any advertising designed to attract prospective residents;
3. Lease provisions;
4. Written rules, regulations, covenants, deeds or other restrictions;
5. The maintenance and consistent application of relevant procedures;
6. Actual practices of the housing facility or community; and
7. Public posting in common areas of statements describing the facility or community as housing for persons 55 years of age or older.
B. Phrases such as "adult living," "adult community," "40-and-over community," or similar statements in any written advertisement or prospectus are not consistent with the intent that the housing facility or community intends to operate as housing for persons 55 years of age or older.
C. If there is language in deeds or other community or facility documents that is inconsistent with the intent to provide housing for persons who are 55 years of age or older, the board shall consider documented evidence of a good faith attempt to remove such language in determining whether the housing facility or community complies with the requirements of this section.
D. A housing facility or community may allow occupancy by families with children as long as it meets the requirements of 18VAC135-50-210 3 a and subsection A of this section.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-215. Verification of occupancy.
A. In order for a housing facility or community to qualify as 55-or-older housing, it must be able to produce, in response to a housing complaint filed under the Virginia Fair Housing Law, verification of compliance with these regulations through reliable surveys and affidavits.
B. A facility or community shall, within 180 days of the effective date of this rule, develop procedures for routinely determining the occupancy of each unit, including the identification of whether at least one occupant of each unit is 55 years of age or older. Such procedures may be part of a normal leasing or purchasing arrangement.
C. The procedures described in subsection B of this section must provide for regular updates through surveys or other means, of the initial information supplied by the occupants of the housing facility or community. Such updates must take place at least once every two years.
D. The following documents are considered reliable documentation of the age of the occupants of the housing facility or community.
1. Driver's license;
2. Birth certificate;
3. Passports;
4. Immigration cards;
5. Military identification;
6. Any other state, local, national or international official documents containing a birth date of comparable reliability; or
7. A certification in a lease, application, affidavit, or other document signed by an adult member of the household asserting that at least one person in the unit is 55 years of age or older.
E. If the occupants of a unit refuse to comply with the age verification procedures, the housing facility or community may, if it has sufficient evidence, consider the unit occupied by at least one person 55 years of age or older. Such evidence may include:
1. Government records or documents, such as a census; or
2. Prior forms or applications; or
3. A statement from an individual who has personal knowledge of the age of the occupants. The individual's statement must set forth the basis for such knowledge and be signed under penalty of perjury.
F. Surveys and verification procedures that comply with the requirements of this section shall be admissible in administrative and judicial proceedings for the purpose of verifying occupancy.
G. Occupancy surveys shall be available for inspection upon reasonable notice and request by any person.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-217. Good faith defense against civil money damages.
A. A person shall not be held personally liable for monetary damages for discriminating on the basis of familial status, if the person acted with the good faith belief that the housing facility or community qualified as 55-or-older housing.
B. A person claiming the good faith belief defense must have actual knowledge that the housing facility or community has, through an authorized representative, asserted in writing that it qualifies as 55-or-older housing.
C. For purposes of this section, an authorized representative, of a housing facility or community means the individual, committee, management company, owner, or other entity having responsibility for adherence to the requirements established by these regulations.
D. A person shall not be entitled to the good faith belief defense if the person has actual knowledge that the housing facility or community does not, or will not qualify as 55-or-older housing. Such a person will be ineligible for the good faith belief defense regardless of whether the person received or viewed the written assurance described in subsection B of this section.
Statutory Authority
§§ 36-96.20 C and 54.1-2105 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
18VAC135-50-220. Interference, coercion, or intimidation.
A. This section provides the board's interpretation of the conduct that is unlawful under § 36-96.5 of the Virginia Fair Housing Law.
B. It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by the Virginia Fair Housing Law and these regulations.
C. Conduct made unlawful under this section includes the following:
1. Coercing a person, either orally, in writing, or by other means, to deny or limit the benefits provided that person in connection with the sale or rental of a dwelling or in connection with a residential real estate-related transaction because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
2. Threatening, intimidating, or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status, of such persons or of visitors or associates of such persons.
3. Threatening an employee or agent with dismissal or an adverse employment action, or taking such adverse employment action, for any effort to assist a person seeking access to the sale or rental of a dwelling or seeking access to any residential real estate-related transaction because of the race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status of that person or of any person associated with that person.
4. Intimidating or threatening any person because that person is engaging in activities designed to make other persons aware of, or encouraging such other persons to exercise, rights granted or protected by this part.
5. Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the fair housing law.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.16, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 23, Issue 22, eff. September 22, 2007; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-230. (Repealed.)
Historical Notes
Derived from VR585-01-05 §§ 2.17 to 2.19, eff. December 1, 1991; repealed, Virginia Register Volume 19, Issue 24, eff. September 10, 2003.
Article 2
Advertising
18VAC135-50-260. Affirmative advertising efforts.
Article 2
Advertising
Nothing in this section shall be construed to restrict advertising efforts designed to attract persons to dwellings who would not ordinarily be expected to apply, when such efforts are pursuant to an affirmative marketing program or undertaken to remedy the effects of prior discrimination in connection with the advertising or marketing of dwellings.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.20, eff. December 1, 1991.
18VAC135-50-270. Use of words, phrases, symbols and visual aids.
The following words, phrases, symbols, and forms typify those most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations. In considering a complaint under the fair housing law, the board will consider the use of these and comparable words, phrases, symbols, and forms to determine a possible violation of the law and to establish a need for further proceedings on the complaint, if it is apparent from the context of the usage that discrimination within the meaning of the law is likely to result.
1. Words descriptive of dwelling, landlord, and tenants. White private home, Colored home, Jewish home, Hispanic residence, adult building.
2. Words indicative of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status, including:
a. Race: African-American, Negro, Black, White, Caucasian, Oriental, Asian, American Indian, Native American, Arab.
b. Color: White, Black, Colored.
c. Religion: Protestant, Christian, Catholic, Jewish, Muslim, Islamic.
d. National origin: Mexican American, Puerto Rican, Philippine, Polish, Hungarian, Irish, Italian, Chicano, African, Hispanic, Chinese, Indian, Latino.
e. Sex: The exclusive use of words in advertisements, including those involving the rental of separate units in a single or multi-family dwelling, stating or intending to imply that the housing being advertised is available to persons of only one sex and not the other, except where the sharing of living areas is involved. Nothing in this section restricts advertisements of dwellings used exclusively for dormitory facilities by educational institutions.
f. Disability: crippled, blind, deaf, mentally ill, retarded, impaired, handicapped, physically fit. Nothing in this section restricts the inclusion of information about the availability of accessible housing in advertising of dwellings.
g. Familial status: adults, children, singles, mature persons. Nothing in this section restricts advertisements of dwellings that are intended and operated for occupancy by older persons and that constitute "housing for older persons" as defined in 18VAC135-50-210.
h. Elderliness: elderly, senior citizens, young, old, active, available to those between 25 and 55.
i. Sexual orientation: lesbian, gay, bisexual, queer, same-sex couples.
j. Gender identity: transgender, trans.
k. Source of funds: voucher, Section 8, social security, disability income, government benefits.
3. Catch words. Words and phrases used in a discriminatory context should be avoided, e.g., "restricted," "exclusive," "private," "integrated," "traditional," "board approval," "membership approval."
4. Symbols or logotypes. Symbols or logotypes that imply or suggest race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
5. Colloquialisms. Words or phrases used regionally or locally that imply or suggest race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.
6. Directions to real estate for sale or rent (use of maps or written instructions). Directions can imply a discriminatory preference, limitation, or exclusion. For example, references to real estate location made in terms of racial or national origin significant landmarks, such as an existing black development (signal to blacks) or an existing development known for its exclusion of minorities (signal to whites). Specific directions which make reference to a racial or national origin significant area may indicate a preference.
7. Area (location) description. Names of facilities which cater to a particular racial, national origin, or religious group, such as country club or private school designations, or names of facilities that are used exclusively by one sex may indicate a preference.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.21, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.
18VAC135-50-280. Selective use of advertising media or content.
The selective use of advertising media or content when particular combinations thereof are used exclusively with respect to various housing developments or sites can lead to discriminatory results and may indicate a violation of the fair housing law. For example, the use of English language media alone or the exclusive use of media catering to the majority population in an area, when, in such area, there are also available non-English language or other minority media, may have discriminatory impact. Similarly, the selective use of human models in advertisements may have discriminatory impact. The following are examples of the selective use of advertisements which may be discriminatory:
1. Selective geographic advertisements. Such selective use may involve the strategic placement of billboards; brochure advertisements distributed within a limited geographic area by hand or in the mail; advertising in particular geographic coverage editions of major metropolitan newspapers or in newspapers of limited circulation which are mainly advertising vehicles for reaching a particular segment of the community; or displays or announcements available only in selected sales offices.
2. Selective use of equal opportunity slogan or logo. When placing advertisements, such selective use may involve placing the equal housing opportunity slogan or logo in advertising reaching some geographic areas, but not others, or with respect to some properties but not others.
3. Selective use of human models when conducting an advertising campaign. Selective advertising may involve an advertising campaign using human models primarily in media that cater to one racial or national origin segment of the population without a complementary advertising campaign that is directed at other groups. Another example may involve use of racially mixed models by a developer to advertise one development and not others. Similar care must be exercised in advertising in publications or other media directed at one particular sex, or at persons without children. Such selective advertising may involve the use of human models of members of only one sex, or of adults only, in displays, photographs, or drawings to indicate preferences for one sex or the other, or for adults to the exclusion of children.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.22, eff. December 1, 1991.
18VAC135-50-290. Fair housing policy and practices.
In the investigation of complaints, the board will consider the implementation of fair housing policies and practices provided in this section as evidence of compliance with the prohibitions against discrimination in advertising under the fair housing law.
1. Use of equal housing opportunity logotype, statement, or slogan. All advertising of residential real estate for sale, rent, or financing should contain an equal housing opportunity logotype, statement, or slogan as a means of educating the homeseeking public that the property is available to all persons regardless of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status. The choice of logotype, statement, or slogan will depend on the type of media used (visual or auditory) and, in space advertising, on the size of the advertisement. See Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition) for suggested use of the logotype, statement, or slogan and size of logotype and copies of the suggested equal housing opportunity logotype, statement and slogan. A copy of Appendix I to 24 CFR Part 109, Ch. 1 (4/1/2000 edition) is posted on the Fair Housing Office's website or may be obtained by contacting the Fair Housing Office.
2. Use of human models. Human models in photographs, drawings, or other graphic techniques may not be used to indicate exclusiveness because of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status. If models are used in display advertising campaigns, the models should be clearly definable as reasonably representing majority and minority groups in the metropolitan area, both sexes and, when appropriate, families with children. Models, if used, should portray persons in an equal social setting and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status and is not for the exclusive use of one such group. Human models include any depiction of a human being, paid or unpaid, resident or nonresident.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
Historical Notes
Derived from VR585-01-05 § 2.23, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Volume 30, Issue 11, eff. March 1, 2014; Volume 37, Issue 3, eff. November 1, 2020; Volume 38, Issue 5, eff. December 1, 2021.