4.1 Virginia Fair Housing Laws

Key Takeaways

  • Virginia protects four classes beyond the seven federal ones: elderliness (55+), source of funds, sexual orientation, and gender identity, plus military status
  • The Virginia Fair Housing Office (VFHO) under DPOR enforces state law and is a HUD substantially-equivalent agency (FHAP)
  • Administrative complaints must be filed within ONE year; a separate federal civil suit may be filed within two years
  • First-violation civil penalties run to $16,000+ (HUD-aligned), with higher amounts for repeat and pattern-or-practice cases
  • Even exempt owners (Mrs. Murphy, FSBO) may NEVER use discriminatory advertising, and licensees may never participate in any discrimination
Last updated: June 2026

The Virginia Fair Housing Law

The Virginia Fair Housing Law (Va. Code 36-96.1 et seq.) is the state counterpart to the federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968). It is administered by the Virginia Fair Housing Office (VFHO) within the Department of Professional and Occupational Regulation (DPOR). Because the VFHO is a HUD substantially-equivalent agency under the Fair Housing Assistance Program (FHAP), complaints filed with HUD are typically referred to Virginia for investigation, and a Virginia finding carries the same weight as a federal one.

Protected classes (the heavily tested list)

Virginia protects the seven federal classes PLUS additional state-only classes. Memorize the extras — the state portion of the exam loves the gap between federal and Virginia coverage.

Protected ClassFederal FHAVirginia
RaceYesYes
ColorYesYes
ReligionYesYes
SexYesYes
National originYesYes
Disability (handicap)YesYes
Familial statusYesYes
Elderliness (age 55+)NoYes
Source of fundsNoYes
Sexual orientationNoYes (added 2020)
Gender identityNoYes (added 2020)
Military statusNoYes

Exam trap: Older study materials list only elderliness and source of funds. Since the 2020 Virginia Values Act, sexual orientation, gender identity, and military status are also protected. Source of funds means any lawful funds — including a Housing Choice Voucher (Section 8) — so refusing to rent solely because a tenant pays with a voucher is illegal in Virginia (it is NOT a federal violation).

Prohibited acts

Under Va. Code 36-96.3, it is unlawful to:

  1. Refuse to sell, rent, or negotiate based on a protected class.
  2. Discriminate in terms, conditions, or services of a housing transaction.
  3. Make, print, or publish discriminatory advertising that states a preference or limitation.
  4. Misrepresent availability of housing (lying that a unit is taken).
  5. Engage in blockbusting — inducing sales by suggesting a protected group is moving in.
  6. Engage in steering — channeling buyers toward or away from areas by protected class.
  7. Engage in discriminatory lending (redlining) — unequal loan terms by protected class.

For disability, a housing provider must allow reasonable accommodations (e.g., a no-pet building must permit a service or assistance animal) and permit tenant-paid reasonable modifications.

Filing and enforcement

StepDetail
Filing windowAdministrative complaint within 1 year of the discriminatory act
Civil lawsuitSeparate court action within 2 years (federal FHA timeline)
Where to fileVFHO or HUD (HUD refers Virginia cases to VFHO)
InvestigationVFHO investigates; aims to issue a determination within 100 days
OutcomesConciliation agreement, administrative hearing, or referral to court

Penalties

Virginia tracks the HUD inflation-adjusted civil-penalty schedule rather than fixed statutory figures. The structure escalates with repeat conduct:

OffenseCivil penalty (approx., HUD-aligned)
First violationUp to roughly $16,000
Second violation within 5 yearsUp to roughly $42,000
Pattern or practice (DOJ action)Up to roughly $100,000+

Courts may also award actual damages (out-of-pocket loss, emotional distress), punitive damages, injunctive relief (orders to stop the conduct or to sell/rent), and reasonable attorney's fees.

Exemptions

A few narrow exemptions exist, but they are easy to misread. Note that they cover who can decline a transaction, never advertising.

ExemptionConditions
Mrs. Murphy (owner-occupied)Building of 4 or fewer units and the owner lives in one
Single-family FSBOOwner sells without a broker and without discriminatory ads (limited to a few sales)
Religious organizationMay favor its own members, but never on the basis of race, color, or national origin
Private clubLodgings limited to members
Senior housingQualifies under HOPA: 55+ (80% rule) or 62+ communities

Critical rule: No exemption ever permits discriminatory advertising, and no exemption applies when a real estate licensee is involved in the transaction. A licensee must refuse any discriminatory instruction from a client — "the seller told me to" is not a defense, and following such an instruction is itself a fair-housing violation that can cost the licensee their license.

Worked scenario

A seller tells the listing agent, "I only want to sell to a family with kids, not to a single young man." The agent should recognize this as a familial-status preference and refuse: the agent cannot advertise or screen for that preference, cannot steer applicants, and must treat all buyers equally. The Mrs. Murphy and FSBO exemptions do not help here because a licensee is involved, and discriminatory advertising is barred even for exempt owners.

Advertising compliance

Ads must avoid stated preferences and should include the Equal Housing Opportunity logo or slogan. Describe the property, not the people.

Avoid (describes people)Acceptable (describes property)
"Perfect for a young couple""Great starter home"
"No children""One-bedroom condo"
"Christian community""Near downtown"
"Ideal for executives""Spacious 3-bedroom"
"No Section 8"(omit — voucher discrimination is illegal in Virginia)
"Adult community" (unless HOPA-qualified)"Quiet building"

Licensee responsibilities checklist

  • Treat every prospect equally regardless of protected class, and document objective screening criteria applied uniformly.
  • Display the fair-housing poster in the office and use the Equal Housing Opportunity logo in advertising.
  • Permit reasonable accommodations and tenant-paid reasonable modifications for persons with disabilities.
  • Never accept a voucher refusal, a familial-status restriction, or a steering request from a client.
  • Report and refuse discriminatory directives; the licensee's duty to fair housing overrides the client's instruction.
Test Your Knowledge

A Virginia landlord refuses to rent to an applicant solely because the applicant intends to pay rent using a Housing Choice (Section 8) voucher. Under current law, this refusal is:

A
B
C
D
Test Your Knowledge

Which set of classes is protected under Virginia Fair Housing Law but NOT under the federal Fair Housing Act?

A
B
C
D