the virginia fair housing law does not apply to
Award the prevailing party reasonable attorney's fees and costs. "Lending institution" includes any bank, savings institution, credit union, insurance company or mortgage lender. B. The majority of complaints involves disability and racial discrimination, while familial status complaints continue to rise. of Title 36 of the Code of Virginia, effective July 1, 1991. But does it violate the FHA? Occupancy standards involve how many people may live in a unit.In December 1998, the U.S. Department of Housing and Urban Development (HUD) published a statement of the standards that it reviews when evaluating a housing provider's occupancy standards, to determine whether actions under the provider's policies may constitute discriminatory conduct under the Fair Housing Act on the basis of familial status (which means on the basis of having children under age 18 in the family). Include in any transfer, sale, rental, or lease of housing any restrictive covenant that discriminates because of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, status as a veteran, or disability or for any person to honor or exercise, or attempt to honor or exercise, any such discriminatory covenant pertaining to housing; 7. B. You apply it to the young and old, black and white,and everyone in between. Fair housing requirements apply to all housing providers: property managers, owners, landlords, real estate agents, banks, savings institutions, credit unions, insurance companies, mortgage lenders, and appraisers. While reasonable modificationsinvolve allowing a tenant with a disability to make a physical change to his unit or to a common area, a reasonable accommodation requires the landlord to change or modify some rule, practice, policy, or service when doing so may be necessary to afford the tenant equal opportunity to use and enjoy the unit. If the Board determines that no reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the Board shall promptly dismiss the complaint notifying the parties within thirty days of such determination. Every year, staff travels throughout Virginia providing training to housing providers, housing consumers, and local and state officials. If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court in the course of the action brought under this section. An aggrieved person may commence a civil action under this section whether or not a complaint has been filed under § 36-96.9 and without regard to the status of any such complaint. B. Then post a sign such as, "According to the manufacturer this equipment may not be used by anyone under 14 years old, unless accompanied by an adult.". a. Shall consist of a short and plain statement of the facts upon which the Board has found reasonable cause to believe that a discriminatory housing practice has occurred or is about to occur; b. Shall be based on the final investigative report; and. Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of clauses (ii) and (iii) of subsection A, provided that new occupants of such housing meet the age requirements of those clauses; or. Any relief so granted that would accrue to an aggrieved person under § 36-96.18 shall also accrue to the aggrieved person in a civil action under this section. Browse local Virginia Fair Housing attorney and law firm listings and reviews on Lawyers.com to find the best lawyer for your Fair Housing legal needs. B. With respect to a request for reasonable accommodation to maintain an assistance animal in a dwelling, the requested assistance animal shall (a) work, provide assistance, or perform tasks or services for the benefit of the requester or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of such requester's existing disability. It is the policy of the Commonwealth of Virginia to provide for fair housing throughout the Commonwealth, to all its citizens, regardless of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, status as a veteran, or disability, and to that end to prohibit discriminatory practices with respect to residential housing by any person or group of persons, in order that the peace, health, safety, prosperity, and general welfare of all the inhabitants of the Commonwealth may be protected and ensured. The court may grant such appropriate relief to any such intervening party as is authorized to be granted to a plaintiff in a civil action under § 36-96.18. In establishing a criminal background check, keep the following in mind: put your policy in writing; get the applicant's permission to conduct the background check; enforce the policy consistently; and if you reject the applicant, tell them why. Keeping detailed and accurate records will be important if you have to defend why you evicted the tenant. A. All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. Nothing in this chapter shall abridge the federal Fair Housing Act of 1968 (42 U.S.C. Upon receipt of such authorization, the Attorney General shall promptly commence and maintain such action. Any such arbitration that results from a conciliation agreement may award appropriate relief, including monetary relief. C. A request for a reasonable accommodation shall be determined on a case-by-case basis and may be denied if (i) the person on whose behalf the request for an accommodation was submitted is not disabled; (ii) there is no disability-related need for the accommodation; (iii) the accommodation imposes an undue financial and administrative burden on the person receiving the request; or (iv) the accommodation would fundamentally alter the nature of the operations of the person receiving the request. Subject to subsection B, the person receiving the request may ask the requester to provide reliable documentation of the disability and the disability-related need for an assistance animal, including documentation from any person with whom the person with a disability has or has had a therapeutic relationship. Does your staff process repair requests from some tenants more quickly than from others? Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property. Gender IdentityThe gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual's designated sex at birth. Nothing in this chapter regarding unlawful discrimination because of familial status shall apply to housing for older persons. A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Board. Depending on the other facts, issuance of a charge might be warranted in the first hypothetical, but not in the second. You should set standards that allow you to compete for applicants. However, nothing in this chapter shall prohibit a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, elderliness, familial status, sexual orientation, gender identity, status as a veteran, or disability. B. A man rents a room in his single-residency home to another tenant and owns and rents three additional single-family houses. If the applicant has a criminal history, for example, you may chose not to rent to an individual with a conviction that might present a safety issue for other residents in your complex. The newest tenant is apparently harassing other tenants. 1972, c. 591, § 36-90; 1973, c. 358; 1989, c. 88; 1991, c. 557; 2020, cc. If so, it could lead to a fair housing complaint. In some circumstances landlords should allow more than two people per bedroom, while in other circumstances a bedroom and the total living space would not accommodate two people in every bedroom. The Fair Housing Act prohibits discrimination on the basis of race, color, nationality, religion, sex, familial status, or disability. Housing providers who complete the course are eligible for state certification by the Fair Housing Board. Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, or status as a veteran; 2. "Source of funds" means any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program, whether such program is administered by a governmental or nongovernmental entity. Unoccupied units, provided that such units are reserved for occupancy by persons who meet the provisions of clauses (ii) and (iii) of subsection A. "Person in the business of selling or renting dwellings" means any person who (i) within the preceding 12 months, has participated as principal in three or more transactions involving the sale or 2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a disability of (i) that person; (ii) a person residing in or intending to reside in that dwelling after it was so sold, rented, or made available; or (iii) any person associated with that buyer or renter. For more information on sexual discrimination, visit the Sexual and Non-Sexual Discrimination page. The Board shall commence proceedings with respect to a complaint within thirty days after receipt of the complaint, and shall complete the investigation within 100 days thereof unless it is impracticable to do so. The term âdwellingâ has been broadly interpreted to cover: Apartment communities, nursing homes, group homes, seasonal facilities, residential facilities, mobile homes, trailer parks, and condominiums. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by disabled persons in wheelchairs; and. If you're concerned about renting to certain convicted criminals, you may establish a criminal background check as part of your application criteria. Federal and state fair housing laws protect people from discrimination when they try to buy a house, rent an apartment or obtain homeowner's insurance. A person with a disability, or a person associated with such person, who maintains an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. "Rules and regulations that apply to "all residents" are less suspect than rules that single out children. The Office of Fair Housing and Equal Opportunity enforces federal laws and establishes policies to ensure that all Americans have equal access to the housing of their choice. §5-11A-1. "Elderliness" means an individual who has attained his fifty-fifth birthday. The making or purchasing of loans or providing other financial assistance (i) for purchasing, constructing, improving, repairing, or maintaining a dwelling or (ii) secured by residential real estate; or. If you have a unit with one-bedroom that measures 10 x 8 or 80 square feet it would be too small for two people. By law, you may not be denied or treated differently in the rental, sale, lending, or insuring of housing anywhere in Virginia on the basis of any of the following protected classes: Sexual orientation, Gender Identity and Source of Income are not protected by federal or Virginia law, but we are fighting to change that. If the Board dismisses the complaint, both parties will be notified in writing that no further action will be taken. â¢An owner of a single family home rented or sold Nothing herein shall be construed to prohibit any county, city or town under this subsection from submitting amended ordinances to the U.S. Department of Housing and Urban Development for substantial equivalency pursuant to Title VIII, Civil Rights Act of 1968 (42 U.S.C. 2. Any aggrieved person with respect to the issues to be determined in a civil action pursuant to subsection A may intervene as of right. Table of Contents » Virginia Fair Housing Law. Sexual OrientationA person's actual or perceived heterosexuality, bisexuality, or homosexuality. An investigator generally interviews the complainant, the respondent, and relevant witnesses. Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights granted by this chapter, or that any group of persons has been denied any of the rights granted by this chapter and such denial raises an issue of general public importance, the Attorney General may commence a civil action in the appropriate circuit court for appropriate relief. If the Board is unable to determine whether reasonable cause exists to believe that a discriminatory housing practice has occurred or is about to occur within 100 days after receipt of the complaint, the aggrieved person and the respondent shall be notified in writing of the reasons therefor. Under the Act, landlords may not discriminate against tenants or potential tenants on the basis of race, gender, religion, familial status, disability, or ethnicity. The Fair Housing Act covers most housing. ColorSome people have darker complexions than others. Housing discrimination in the United States refers to the historical and current barriers, policies, and biases that prevent equitable access to housing. D. Subject to subsection B, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation to verify the disability and the disability-related need for the reasonable accommodation regarding an assistance animal. If would be illegal to deny someone a housing opportunity on that basis. 1972, c. 591, § 36-93; 1973, c. 358; 1991, c. 557. The term "familial status" also includes any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years. of an assistance animal—even if registered or certified as such—does not Each Board investigates housing discrimination through the Fair Housing Office, which receives an average of 180 complaints each year. The Fair Housing Act prohibits discriminatory practices in housing. The 1988 amendments, however, have greatly increased the Department's enforcement role. When a request for a reasonable accommodation may impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the person receiving the request shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester. Housing providers should strive to balance the requirement to implement a reasonable occupancy standard against their right to protect their property from overcrowding. 2. In case of refusal or neglect to obey a subpoena, the Board may petition for its enforcement in the Circuit Court for the City of Richmond. B. The court or jury may award such other relief to the aggrieved person, as the court deems appropriate, including compensatory damages, and punitive damages without limitation otherwise imposed by state law. E. It shall not be unlawful under this chapter for any owner to deny or limit the rental of housing to persons who pose a clear and present threat of substantial harm to others or to the dwelling itself. "The Fair Housing Act requires that if somebody with a disability makes a request for either a modification or an accommodation, if it's a reasonable request that's not an undue burden on the association, your association is required to permit it," says Matthew A. Drewes, a partner at Thomsen & Nybeck PA in Edina, Minn., who represents associations. D. The Attorney General, on behalf of the Board, or other party at whose request a subpoena is issued, under this chapter, may enforce such subpoena in appropriate proceedings in the appropriate circuit court. B. Complaints and answers may be reasonably and fairly amended at any time. Senior and retirement facilities for individuals over age 55 or 62 may, however, lawfully refuse to rent to families with children. If you reject an applicant, send a letter explaining why and keep excellent records. Rejecting applicants for legitimate credit or income or character reasons should not invite a complaint if you follow certain procedures. How much income and how long of an employment history you require depends on your housing market. Fair Housing Office Class Schedule | Board-Approved Courses | Board-Approved Schools. "Discriminatory housing practices" means an act that is unlawful under § 36-96.3, 36-96.4, 36-96.5, or 36-96.6. As noted, you should establish written rental criteria that helps all applicants understand how their applications will be screened. Under some circumstances a large unit with three bedrooms may reasonably accommodate seven or eight people without creating an overcrowded situation and without jeopardizing the housing provider's investment. Presentations offered by the Fair Housing Office are interactive, tailored to specific audiences and, best of all, free. The names and dates of contacts with witnesses; 2. A. of Title 36 of the Code of Virginia⦠To the respondent, not later than ten days after such filing or the identification of an additional respondent under subsection B, identifying the alleged discriminatory housing practice and advising such respondent of the procedural rights and obligations of respondents under this chapter with a copy of the original complaint and copies of any supporting documentation referenced in the complaint. ), or any other applicable state law may continue to enforce such ordinance and may amend the ordinance, provided the amendment is not inconsistent with this chapter. As used in this subdivision, the term "covered multi-family dwellings" means buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units. FORMULARIO DE QUEJA DE DISCRIMINACIÓN DE VIVIENDA de Virginia, Joint Statement on Reasonable Accommodations under the Fair Housing Act, Joint Statement on Reasonable Modifications under the Fair Housing Act, Reasonable Accommodations and Assistance Animals, U.S. Department of Housing and Urban Development (HUD), Housing Opportunities Made Equal (H.O.M.E. Consider two theoretical situations in which a housing provider refused to permit a family of five to rent a two-bedroom dwelling based on a "two people per bedroom" policy. If for reasons of sound economic management, this action will result in a financial loss to the Commonwealth or any of its political subdivisions, the action may be deferred for a period not longer than one year. E. For purposes of this section, "therapeutic relationship" means the provision of medical care, program care, or personal care services, in good faith, to the person with a disability by (i) a mental health service provider as defined in § 54.1-2400.1; (ii) an individual or entity with a valid, unrestricted state license, certification, or registration to serve persons with disabilities; (iii) a person from a peer support or similar group that does not charge service recipients a fee or impose any actual or implied financial requirement and who has actual knowledge about the requester's disability; or (iv) a caregiver, reliable third party, or government entity with actual knowledge of the requester's disability.
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