Key Takeaways
- Virginia Fair Housing Law mirrors federal protections with additional state enforcement
- Virginia protects additional classes beyond federal law, including elderliness and source of funds
- The Virginia Fair Housing Office enforces state fair housing laws
- Complaints must be filed within 1 year of the alleged discriminatory act
- Penalties include actual damages, civil penalties, and injunctive relief
Virginia Fair Housing Laws
Important: This content covers Virginia-specific fair housing provisions. You should complete the National Real Estate Exam Prep first, as federal fair housing law is heavily tested on the national portion.
Virginia has its own fair housing law that provides additional protections beyond federal law.
Virginia Fair Housing Law
The Virginia Fair Housing Law (Virginia Code 36-96.1 et seq.) prohibits discrimination in housing based on:
| Protected Class | Federal | Virginia |
|---|---|---|
| Race | Yes | Yes |
| Color | Yes | Yes |
| Religion | Yes | Yes |
| Sex | Yes | Yes |
| National Origin | Yes | Yes |
| Disability (Handicap) | Yes | Yes |
| Familial Status | Yes | Yes |
| Elderliness | No | Yes |
| Source of Funds | No | Yes |
Key Difference: Virginia adds elderliness (55+) and source of funds (including housing choice vouchers) as protected classes beyond federal law.
Enforcement Agency
Virginia Fair Housing Office (VFHO)
The Virginia Fair Housing Office under DPOR is responsible for:
- Investigating fair housing complaints
- Mediating disputes
- Taking enforcement action
- Coordinating with HUD on federal complaints
Filing a Complaint
| Requirement | Detail |
|---|---|
| Time Limit | Within 1 year of discriminatory act |
| Filing Location | Virginia Fair Housing Office or HUD |
| Investigation | VFHO investigates and makes determination |
| Resolution | Conciliation, administrative hearing, or court |
Prohibited Acts
Under Virginia law, it is illegal to:
- Refuse to sell, rent, or negotiate based on protected class
- Discriminate in terms or conditions of housing
- Make discriminatory statements in advertising
- Represent unavailability when housing is available
- Blockbusting - Inducing sales by suggesting neighborhood change
- Steering - Directing buyers to/from certain neighborhoods
- Discriminatory lending - Unequal loan terms based on protected class
Penalties for Violations
Civil Penalties
| Offense | Maximum Penalty |
|---|---|
| First violation | Up to $50,000 |
| Second violation (within 5 years) | Up to $100,000 |
| Pattern or practice | Higher penalties possible |
Additional Remedies
Courts may also award:
- Actual damages - Out-of-pocket losses
- Punitive damages - To punish intentional discrimination
- Injunctive relief - Orders to stop discrimination
- Attorney's fees - Reasonable legal costs
Exemptions
Limited exemptions exist under both federal and Virginia law:
| Exemption | Conditions |
|---|---|
| Owner-occupied small building | 4 or fewer units, owner lives there (Mrs. Murphy exemption) |
| Single-family home (FSBO) | No broker, no discriminatory advertising |
| Religious organizations | For members (race cannot be restricted) |
| Private clubs | For members only |
| Senior housing | Meets 55+ or 62+ requirements |
Important: Even with exemptions, discriminatory advertising is NEVER allowed, and real estate licensees cannot participate in discrimination.
Advertising Requirements
All real estate advertising must:
- Use the Equal Housing Opportunity logo or statement
- Avoid discriminatory language
- Not express preferences for protected classes
- Comply with HUD advertising guidelines
Words to Avoid
| Avoid | Acceptable |
|---|---|
| "Perfect for young couples" | "Great starter home" |
| "No children" | "One-bedroom apartment" |
| "Christian neighborhood" | "Near downtown" |
| "Walking distance to church" | "Walking distance to shops" |
Licensee Responsibilities
Virginia real estate licensees must:
- Treat all parties equally regardless of protected class
- Display fair housing poster in office
- Use fair housing language in advertising
- Report discriminatory instructions from clients
- Refuse to follow discriminatory directives
What additional protected classes does Virginia fair housing law provide beyond federal law?
How long does a person have to file a fair housing complaint in Virginia?