Key Takeaways
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Housing discrimination is prohibited under both Virginia and federal fair housing laws, which are enforced by the U.S. Department of Housing and Urban Development (HUD). These laws protect individuals—including persons with a disability—from being treated unfairly when renting, buying, or applying for housing assistance.
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Landlords must provide reasonable accommodations to persons with disabilities, such as allowing service animals or modifying policies to meet specific needs. Denying such accommodations or treating disabled applicants differently can be considered intentional or unintentional housing discrimination under fair housing laws.
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To comply with fair housing standards, landlords should avoid discriminatory practices in advertising, screening, pricing, and tenant interactions. Consistency and neutrality are essential, especially when dealing with members of protected classes, including persons with a disability, to prevent violating housing discrimination laws.
As a Virginia housing provider, you have to be updated with the laws relating to housing and make sure that your real estate investment remains legally compliant. The Fair Housing Law in Virginia does not only apply to people seeking housing assistance or getting a mortgage to buy a house, but also to rental property owners who offer residential housing services.
We at Keyrenter Property Management Richmond have put together an overview of the state and federal law.
What is Fair Housing?
Fair Housing Laws aims to provide individuals with equal housing opportunities and prevent housing discrimination. This fair housing law covers renters, buyers, and those who are applying for housing assistance, looking for resources to fund their housing, obtaining a mortgage or even appraising their homes.
The federal Fair Housing Act essentially exists to provide guidance and advice to landlords, renters, buyers, and lenders on what is considered a fair or discriminatory housing practice.
Who Oversees Fair Housing?
Virginia Fair Housing law is governed by the United States Department of Housing and Urban Development also known as HUD and complaints are handled by the Virginia fair housing office. It is this department’s duty to answer questions and handle complaints related to housing discrimination. They are experts on what is considered a fair or discriminatory housing practice and it is important to contact the department if you have any questions about fair housing rights and laws or reasonable accommodations.
What are the Seven Protected Classes?
The following are the seven protected classes under the Virginia fair housing act:
Race
It’s illegal to reject an interested renter because of their race. Any terms used on your marketing materials that lead towards racial discrimination are also considered illegal under the act. It’s also discriminatory to ask questions regarding race during the application or screening process.
Color
A landlord cannot prefer a renter of specific color over another as it’s considered discriminatory if you based your approval on a person’s color. Instead, assess candidates on their ability to pay rent and take care of the premises.
National origin
A renter cannot choose their national origin so it is considered discriminatory to refuse renters based on this characteristic under the fair housing laws. Establish a solid screening process and be consistent in following it regardless of the tenant’s protected class.
Religion
It’s illegal under the act to reject an applicant based on their religion. When marketing or screening tenants refrain from asking about their beliefs or religion. The same principles apply when dealing with your existing residents. You cannot treat certain residents differently due to their religion or religious beliefs.
Sex
It’s considered discriminatory to refuse to rent to a certain sex or sexual orientation. Always make it a point to be fair with all interested tenants and base decisions on their ability to care for the unit by checking their credit score, proof of income, and not sex or sexual orientation. Discriminating among renters based on their sex is a serious offence under the law.
Familial Status
Housing providers cannot choose to rent to a childless couple over a family with little kids or even a pregnant woman. It is considered an alleged discriminatory housing practice. Housing providers also cannot ask questions during the screening process about a person’s familial status in accordance to the fair housing policy.
Disability
As a Virginia landlord, you must refrain from discriminating against differently-abled renters or persons with disabilities. Landlords must allow some reasonable accommodations to be made to the rental for renters suffering from physical or mental disabilities. This includes a disability that requires an assistance animal or service animal or because all or part of an applicant’s income is from public assistance funds.
Fair Housing Act Exemptions
There are some exceptions to the federal Fair Housing Act. They include the following:
- Religious Organizations – Housing built and designed to cater to religious members are exempted from the Fair Housing Act.
- Private Club or Memberships – Clubs can deny housing to those who are non-members.
- Local Law Occupancy Standard – If there is a specific maximum occupancy set to your rental property, you may be able to limit occupancy.
- Owner-occupied Housing – If you live in one of the units of your rental property with a total of four units, you are exempted from the fair housing regulations.
Types of Housing Discrimination
As a Virginia residential landlord, you have to be aware of the two different types of discrimination under the Virginia Fair Housing Act to avoid a fair housing complaint:
- Intentional Discrimination – If a landlord intentionally refuses an applicant or treats them differently because of their physical attributes or characteristics that they have no control over like their national origin, race, or disability.
- Unintentional Discrimination – If your intention for refusing a renter or treating a resident differently is because of reasons you thought would be advantageous for them but is considered discriminatory, this is called unintentional discrimination. This type of discrimination is subtle so be careful with how you treat residents.
How to Provide Fair Housing
To avoid receiving a fair housing complaint through the Virginia fair housing office, landlords must provide the following:
- Advertising – Focus your marketing materials on the amenities and unique characteristics of the house rather than on the type of tenant you’re looking for.
- Answering Questions – Be honest when answering questions about the house and refrain from lying about housing availability.
- Pricing – Be fair when setting your rates and be consistent with your pricing. Do not charge higher rates for that certain tenant but not for others.
- Accepting Applications – You are required to accept all applications from interested and qualified applicants. Determine their eligibility based on their ability to pay and uphold tenant responsibilities. Ask for documents to prove this.
- Renting – Existing tenants must be treated fairly when handling conflicts and disputes. Always refer back to your lease agreement when enforcing house rules and always document requests and complaints.
- Screening – Do not include questions that lead to discriminating against the protected classes. Build your screening process and be consistent when following it.
Bottom Line
U.S. Department of Housing and Urban Development governs Fair Housing Laws in Virginia. Under these regulations, you must treat prospective and existing tenants equally and avoid discrimination based on race, color, sex, national origin, disability, familial status, or religion. You also need to be aware of landlord-tenant laws, security deposit policies, early lease termination, and the legal eviction process. Consider hiring a property manager to determine the best course of action and assist you in staying legally compliant.
Here at Keyrenter Property Management Richmond, we would be happy to help you rent and manage your rental property. We offer full-service property management solutions. Contact us today to learn more!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.