Equality is the main goal of the Fair Housing laws. It serves to grant everyone awareness of their rights to be fairly treated in housing. Whether one is purchasing real estate, selling or applying to rent, the law protects them. It brings to light discriminatory acts that should be avoided and are subjected to penalty. The Fair Housing law seeks fair treatment and highlights the rights of the protected classes.
This guide will give you an overview of the Fair Housing law, how it effects housing providers and a real estate board, and will discuss how the regulations contained within it affect Virginia Fair Housing law and renters rights.
Behind the Housing Act
Passed in 1968, the Fair Housing laws was designed to end discriminatory housing practices. Its objective was to allow everyone to enjoy equal opportunities when securing housing under federal law. Fair Housing protected classes are:
- Race
- Origin
- Color
- Disability
- Sex
- Religion
- Familial status (pregnant women and those with children under 18)
Issues on Housing Discrimination
Housing discrimination in housing takes many forms. Here are some examples of discrimination that can occur:
1. Selective marketing
• Only specific types of tenants or buyers are targeted for advertising. Others are excluded based on race, religion, color, familial status, disability, origin or sex.
2. Mortgage lending
• When a borrower asks real estate agents about loan availability but no information about loan types are offered.
• When a borrower asks about a loan and a different interest rate or loan term is given.
• When a borrower asks mortgage lenders about a loan and different requirements are given that are not part of the standard list.
3. Home renting
• When a prospect inquires about the availability of housing and was informed that it’s already rented/ sold to someone else even if it’s still available for purchase or renting.
• The requirements and conditions change depending on the buyer or potential tenant.
• There are separate amenities or accommodations for different renters.
• Limiting access of amenities to specific groups or individuals under the protected classes.
Federal Housing Act Exemptions
When discussing the housing law, there are certain exemptions made such as:
- Renting or selling a single-family homes without the aid of a broker
- Homes where owners are also occupying (limited to 4 units only)
- Private clubs or organizations exclusive to members only where reasonable accommodations are made
Understanding the Housing Act in Virginia
In Virginia, the application of the housing law extends to the following transactions:
• Rental – when an individual is applying to rent in a house or multi-unit property.
• Sales – when an individual is negotiating to buy an existing premises.
• Advertising – when individuals, companies and media publishers advertise rental unit vacancies and home properties for sale.
• Financing – when an individual is applying for a mortgage.
• Insurance – when an individual is seeking to get homeowners or rental insurance.
Virginia Protected Categories
In order to avoid discriminatory housing practices in Virginia, the list of protected classes extends far beyond the list of federal fair housing protected categories. The following classes are shielded against any form of discrimination in the state of Virginia:
- Color
- Race
- National origin
- Religion
- Family status
- Sex
- Elderliness
- Source of funds
- Sexual orientation
- Disability
- Veteran status
- Gender identity
There shall be no differing standards or housing applications for these classes from other individuals or groups. Specifically, fair housing requirements apply where can’t ask for the submission of a medical clearance for someone who has a disability if it’s not a standard requirement for other prospective renters or buyers as well. Doing so would be a violation under the Fair Housing laws.
Examples of Violations
• Based on particular race – closing a housing opportunity to an individual simply by virtue of race since you’ll only consider applicants who are either black, white, Asian or another specific race.
• Based on color – denying someone a housing opportunity due to skin complexion preference.
• Based on national origin – refusing to sell or rent a house to an individual on account of being Middle Eastern, Jewish, or other national origin.
• Based on religion – restricting the availability of house renting or buying to those who only practice a particular faith such as Christianity, Hinduism, or Buddhism.
• Based on age – limiting housing opportunity to those below 55 years old.
• Based on sex – favoring a particular gender only (or sexual orientation gender identity) when it comes to housing opportunities.
• Based on familial status – denying a housing rental or purchase to an individual with a child below 18.
• Based on source of funds – restricting a housing opportunity only to those applicants with source of funds other than assistance, subsidy program or benefit.
• Based on disability – a virginia residential landlord cannot deny a housing rental or purchase to an individual with disability or requirement of an assistance animal.
• Based on gender identity – not allowing an individual to rent or purchase housing due to gender-related identity, appearance, or character traits no matter the person’s biological sex.
• Based on sexual orientation – refusing to rent or sell housing to an individual due to an actual or perceived homosexuality, bisexuality, or heterosexuality.
• Based on veteran status – denying a housing opportunity to an individual serving in the active military, air service or navy, and or a veteran that has been discharged, unless it was dishonorable.
Classes Not Covered by the Fair Housing Act in Virginia
Apart from the classes mentioned above, there might be other groups that are not part of the protected classes. Landlords and property sellers would do well to check local ordinances and certain restrictive covenants. What might be excluded from federal and state laws might be part of the local ordinance. It’s best to look into the ordinances first prior to the creation of a fair housing policy.
Be sure to double-check Virginia rental laws to ensure that you are complying with Virginia renters’ rights. Being knowledgeable about renters’ rights and responsibilities, as well as your own as a landlord, can help you avoid serious legal consequences and draft successful lease agreements. Check out Virginia tenants' rights here.
Complaint Procedure
- The complaint must be filed no later than a year after the alleged discriminatory incident happened.
- An investigator will be assigned by the Fair Housing Office to interview the complainant, the respondent and witnesses. Documents will also be evaluated.
- A professional from the Alternative Dispute Resolution Section will be tasked to instigate a conciliation process. If this fails, the investigation proceeds.
- After the investigation, the final report will be submitted to the Fair Housing Board and other such institutions. The Board will determine to accept or dismiss the conciliation agreement. If the Board sees reasonable cause then a civil suit will be brought to the court.
If you have more questions about Virginia Fair Housing law, feel free to reach out to a professional property management company or an attorney.
