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
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 Class | Federal FHA | 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 (age 55+) | No | Yes |
| Source of funds | No | Yes |
| Sexual orientation | No | Yes (added 2020) |
| Gender identity | No | Yes (added 2020) |
| Military status | No | Yes |
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:
- Refuse to sell, rent, or negotiate based on a protected class.
- Discriminate in terms, conditions, or services of a housing transaction.
- Make, print, or publish discriminatory advertising that states a preference or limitation.
- Misrepresent availability of housing (lying that a unit is taken).
- Engage in blockbusting — inducing sales by suggesting a protected group is moving in.
- Engage in steering — channeling buyers toward or away from areas by protected class.
- 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
| Step | Detail |
|---|---|
| Filing window | Administrative complaint within 1 year of the discriminatory act |
| Civil lawsuit | Separate court action within 2 years (federal FHA timeline) |
| Where to file | VFHO or HUD (HUD refers Virginia cases to VFHO) |
| Investigation | VFHO investigates; aims to issue a determination within 100 days |
| Outcomes | Conciliation 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:
| Offense | Civil penalty (approx., HUD-aligned) |
|---|---|
| First violation | Up to roughly $16,000 |
| Second violation within 5 years | Up 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.
| Exemption | Conditions |
|---|---|
| Mrs. Murphy (owner-occupied) | Building of 4 or fewer units and the owner lives in one |
| Single-family FSBO | Owner sells without a broker and without discriminatory ads (limited to a few sales) |
| Religious organization | May favor its own members, but never on the basis of race, color, or national origin |
| Private club | Lodgings limited to members |
| Senior housing | Qualifies 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.
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:
Which set of classes is protected under Virginia Fair Housing Law but NOT under the federal Fair Housing Act?