Virginia Fair Housing Law
Virginia · 36 · §§ 36-96.1 to 36-96.9 · 26 sections
Overview
This act prohibits discrimination in housing and in residential real estate-related transactions, reaching conduct by lenders, insurers, and appraisers as well as in the sale and rental of dwellings, and it voids restrictive covenants that would impose such discrimination. It also sets out related duties and protections — reasonable accommodations arrived at through an interactive process, the use of assistance animals in a dwelling, and protection against interference with the exercise of these rights — while exempting certain housing from coverage, including qualifying housing for older persons. Enforcement runs first through an administrative track of complaint, investigation, a reasonable cause determination, conciliation, and issuance of a charge, and from there into court through civil actions brought by the attorney general or by private parties, with the administering board also empowered to act against real estate licenses and with local governments retaining defined authority of their own.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 23 court decisions.
Most-cited authority: 202 FSUPP2D 492 - Moseke v. Miller and Smith, Inc.
Sections covered
- Va. Code Ann. § 36-96.1Declaration of policy7 cites
- Va. Code Ann. § 36-96.10Procedures for investigation
- Va. Code Ann. § 36-96.11Reasonable cause determination and effect
- Va. Code Ann. § 36-96.1:1Definitions
- Va. Code Ann. § 36-96.12No reasonable cause determination and effect
- Va. Code Ann. § 36-96.13Conciliation
- Va. Code Ann. § 36-96.14Issuance of a charge
- Va. Code Ann. § 36-96.15Prompt judicial action
- Va. Code Ann. § 36-96.16Civil action by Attorney General upon referral of charge by the Real Estate Board1 cite
- Va. Code Ann. § 36-96.17Civil action by Attorney General; matters involving the legality of any local zoning or other land use ordinance; pattern or practice cases; or referral of conciliation agreement for enforcement
- Va. Code Ann. § 36-96.18Civil action; enforcement by private parties2 cites
- Va. Code Ann. § 36-96.19Witness fees
- Va. Code Ann. § 36-96.2Exemptions1 cite
- Va. Code Ann. § 36-96.20Additional powers of the Real Estate Board; action on real estate licenses
- Va. Code Ann. § 36-96.21Powers of counties, cities and towns
- Va. Code Ann. § 36-96.22Repealed
- Va. Code Ann. § 36-96.23Construction of law
- Va. Code Ann. § 36-96.3Unlawful discriminatory housing practices5 cites
- Va. Code Ann. § 36-96.3:1Rights and responsibilities with respect to the use of an assistance animal in a dwelling
- Va. Code Ann. § 36-96.3:2Reasonable accommodations; interactive process
- Va. Code Ann. § 36-96.4Discrimination in residential real estate-related transactions; unlawful practices by lenders, insurers, appraisers, etc.; deposit of state funds in such institutions
- Va. Code Ann. § 36-96.5Interference with enjoyment of rights of others under this chapter3 cites
- Va. Code Ann. § 36-96.6Certain restrictive covenants void; instruments containing such covenants3 cites
- Va. Code Ann. § 36-96.7Familial status protection not applicable to housing for older persons
- Va. Code Ann. § 36-96.8Powers of Real Estate Board and Fair Housing Board
- Va. Code Ann. § 36-96.9Procedures for receipt or initiation of complaint; notice to parties; filing of answer1 cite
Enacted in other states
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