Virginia Fair Housing Act: An Overview

Fair housing laws are among the many landlord-tenant laws that you have to familiarize yourself with as a landlord. This housing law applies to landlords of any portfolio size, whether you’re just getting started with your first rental or you own a couple of dozen.

The following are answers to commonly asked questions regarding the Virginia Fair Housing Laws.

What Does Fair Housing Mean?

Every American has the fundamental right to equal housing opportunity. This means that landlords must treat all prospective renters equally, without discrimination based on any protected class.

Whether you are carrying out a tenant screening process, breaking lease agreements, or advertising your rental, it is critical to have a thorough understanding of these laws.

What Is the Federal Fair Housing Act of 1968?

The Federal Fair Housing Act of 1968 is a component of the Civil Rights Act. Also known as Title VIII of the Civil Rights Act.

The U.S. Department of Housing and Urban Development, oversees these laws and makes it illegal for housing discrimation. This means landlords cannot discriminate against their renters based on certain protected classes.

This includes discrimination of, race, color, religion, and nationality. The act was again amended in 1974 to add sex as a protected class. A further amendment added disability and familial status into the list of protected classes at the federal level.

close-up-of-tenants-hand-holding-pen-writing-a-written-notice

Today, the Fair Housing Act makes it illegal for landlords, home sellers, and bank or lending institution for housing discrimination against their clients based on 7 protected classes. That is, race, color, sex, nationality, disability, religion, and familial status.

Who Is Covered by the Virginia Fair Housing Law?

Various states, including the state of Virginia, have also passed laws adding further protections. Virginia Fair Housing Law makes it illegal for a landlord to discriminate any person based on the following classes.

  • Race
  • Color
  • Religion
  • Gender Identity
  • Sexual Orientation
  • National Origin
  • Disability
  • Familial Status
  • Elderliness
  • Source of Funds
  • Military Status

Who Does the Virginia Fair Housing Law and Regulations Apply To?

Essentially, any person or entity that is involved in the process of securing housing must follow laws, including:

  • Landlords
  • Property managers
  • Property owners
  • Insurance providers
  • Homeowner associations
  • Mortgage lenders and brokers
  • Real estate agents
  • Developers

What Special Protections Are There for People With Disabilities?

Fair Housing Law requires that landlords provide reasonable accommodations to renters with disabilities as this falls into one of the protected classes. As a landlord, you can do this by providing assistance, modifying or changing a rule or policy that can allow disabled tenants to enjoy their rented premises.

close-up-of-service-dog-vest

For instance, if you have a no-pet policy, you may want to make an exception for disabled individuals who have an assistance animal.

In addition, FHA also requires that housing providers make reasonable modifications to your unit if requested by a disabled tenant. Examples of reasonable requests include the following.

  • Permitting a disabled tenant to transfer to a ground-floor unit.
  • Assigning a disabled tenant an accessible parking space.
  • Installing a grab bar in the bathroom.

Are There Any Exceptions to the Virginia Fair Housing Act?

Yes, there are a few limited housing discrimination exceptions to the Fair Housing Act. They are as follows.

  • Dwellings that have four or fewer units and the owner occupies one of them.
  • A single-family house that the owner advertises themselves. The owner must, however, not own more than three such homes at any given time.
  • Elderly housing communities.

What Agency Is Responsible for the Enforcement of the Fair Housing Laws in Virginia?

In Virginia, it’s the Fair Housing Board at the Virginia Fair Housing Office that is responsible for the administration and enforcement of the Fair Housing Law.

How Can Virginia Landlords Provide Fair Housing?

Now that you are familiar with the basics of fair housing discrimination in Virginia, the following are a few things you will want to keep in mind to benefit you and your renters:

  • Use non-discriminatory language when advertising your rental for rent. Refrain from using language such as, "Adults Preffered," or "Perfect for couples."
  • Ask proper tenant screening questions that are not based on a prospective tenant’s protected class.
  • Subject the same screening criteria to all prospective tenants.
  • Treat all tenants equally when you start renting out your rental.
  • Accept all tenant applications. You can only deny an application if, for example, it is for a tenant who is not capable of paying rent. You can not deny an application because they belong to one of the fair housing protected classes.
  • Conduct background checks on every applicant, regardless of their protected class.
  • Keep the price of rent the same for all interested potential tenants
  • Be truthful and transparent with your answers to any tenant's questions

Bottom Line

Treating tenants equally and without discrimination is your responsibility as a landlord under Virginia laws. At Redsail, we encourage landlords to familiarize themselves with fair housing policy, and treat all tenants with equal respect and consideration.

If you have more questions or need expert help in managing your rental property, Redsail Property Management can help. We provide full-service property management services to rental owners in Hampton Roads. Get in touch to learn more!

Disclaimer: This blog isn’t intended to be a substitute for professional legal advice. Laws change and this information may become obsolete at the time you read it. For further help, please get in touch with a qualified attorney or an experienced property management company.