Overview of Virginia Fair Housing Law and Fair Housing Office
Links to topics on this page
History of Virginia Fair Housing Law
Fair Housing - Past and Present
The Fair Housing Office Mandates
History of Virginia Fair Housing Law
In 1972 the General Assembly enacted Virginia's first fair housing law. The fair housing law that the General Assembly enacted in 1972 was similar to the fair housing law that Congress enacted under the Civil Rights Act of 1968. Since 1972 Virginia's fair housing law has been amended several times. Amendments were generally made to add protected classes.
Today Virginia's fair housing law prohibits discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status, and handicap. Because Virginia's fair housing law includes elderliness as a protected class it is broader than the federal fair housing law. Elderliness means anyone over 55.
Fair Housing Law
Prohibited Advertising Practices
Prohibited Practices
Virginia's fair housing law prohibits the following practices:
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Refusing to sell or rent after the making of a bona fide offer or refusing to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, national origin, elderliness, familial status or disability;
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Discriminating 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 to any person because of race, color, religion, sex, national origin, elderliness, familial status or disability;
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To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation or discrimination based on race, color, religion, sex, national origin, elderliness, familial status or disability. The use of words or symbols associated with a particular religion, national origin, sex or race shall be prima facie evidence of an illegal preference under this chapter which shall not be overcome by a general disclaimer;
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Representing to any person because of race, color, religion, sex, national origin, elderliness, familial status or disability that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact available;
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Denying any person access to membership or participation in any multiple listing service, real estate brokers' organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against such person in the terms or conditions of such access, membership, or participation because of race, color, religion, sex, national origin, elderliness, familial status or disability;
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To include in any transfer, sale rental, or lease of housing, any restrictive covenant that discriminates because of race, color, religion, sex, national origin, elderliness, familial status or disability or for any person to honor or exercise, or attempt to honor or exercise any such discriminatory covenant pertaining to housing;
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To induce or attempt to induce to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, national origin, elderliness, familial status or disability.
Additional Prohibited Actions
Virginia's Fair Housing regulations list additional actions that are prohibited. Some of the actions that the regulations prohibit on the basis of race, color, religion, sex, national origin, elderliness, familial status or disability include:
- Failing or delaying maintenance or repairs of sales or rental dwellings;
- Limiting the use of privileges, services or facilities associated with a dwelling;
- Discouraging the purchase or rental of a dwelling or exaggerating drawbacks or failing to inform any person of desirable features of a dwelling or a community, neighborhood, or development;
- Communicating to any prospective purchaser that they would not be comfortable or compatible with existing residents of a community neighborhood or development;
- Assigning any person to a particular section of a community neighborhood or development or to a particular floor or section of a building;
- Denying or limiting services or facilities in connection with the sale or rental of a dwelling, because a person failed or refused to provide sexual favors.
Virginia's Fair Housing Law applies to property managers, owners, landlords, real estate agents, banks, savings institutions, credit unions, insurance companies, mortgage lenders and appraisers. If you're working with a property manager or real estate agent to buy a home or locate a rental or if you're trying to get a mortgage or homeowner's insurance you cannot be treated differently because of your race, color, religion, sex, national origin, elderliness, familial status or disability.
Additional prohibited actions include but are not limited to:
- Failing to accept, consider, negotiate,
process or accurately communicate a bona fide offer:
- Imposing different sales prices or rental
charges for the sale or rental of a dwelling upon person;
- Using different qualification criteria or applications, or sales or rental standards or procedures, such as income standards, application requirements, application fees, credit analysis, or sales or rental approval procedures or other requirements;
- Denying or delaying the processing of an application made by a purchaser or renter or refusing to approve such a person for occupancy in a cooperative or condominium;
- Employing codes or other devices to segregate or reject applicants, purchasers, or renters, refusing to take or to show listings of dwellings in certain areas because of race, color, religion, sex, national origin, elderliness, familial status or disability or refusing to deal with certain brokers or agents because they or one of their clients are of a particular race, color, religion, sex, national origin, elderliness, familial status or disability;
- Indicating through words or conduct that a dwelling, which is available for inspection, sale or rental, has been sold or rented;
- Refusing to provide municipal services or property or hazard insurance for dwellings or providing such services differently;
- Threatening, intimidating or interfering with persons in their enjoyment of a dwelling;
- Intimidating or threatening any person because that person is engaged in activities designed to make other persons aware of or encouraging such other persons to exercise rights granted or protected by this part;
- Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the fair housing law.
Prohibited Advertising Practices
Virginia's Fair Housing Law also applies to advertising. In this regard Virginia's Fair Housing regulations prohibit:
- Using words, phrases, photographs, illustrations, symbols, or forms which convey that dwellings are available or are not available to a particular group because of race, color, religion, sex, handicap, familial status, elderliness or national origin;
- Selective geographic advertisements. Such selective use may involve the strategic placement of billboards; brochure advertisements distributed within a limited geographic area by hand or in the mail; advertising in particular geographic coverage editions of major metropolitan newspapers or in newspapers of limited circulation which are mainly advertising vehicles for reaching a particular segment of the community; or displays or announcements available only in selected sales offices;
- Selective use of human models when using
an advertising campaign. Selective advertising may involve
an advertising campaign using human models primarily in media
that cater to one racial or national origin segment of the
population without a complementary advertising campaign that
is directed at other groups. Another example may involve use
of racially mixed models by a developer to advertise one development
and not others. Similar care must be exercised in advertising
in publications or other media directed at one particular sex,
or at persons without children. Such selective advertising
may involve the use of human models of members of only one
sex, or of adults only in displays, photographs, or drawings
to indicate preferences for one sex or the other, or for adults
to the exclusion of children.
If models are use in display advertising campaigns, the models should be clearly definable as reasonably representing majority and minority groups in the metropolitan area, both sexes and when appropriate, families with children. Models, if used, should portray persons in equal settings and indicate to the general public that the housing is open to all without regard to race, color, religion, sex, handicap, familial status, elderliness or national origin;
- Publisher's notice. All publishers should publish at the beginning of the real estate advertising section a notice such as that appearing in Table III, Appendix I, to Part 109, 24 CFR, Ch. 1 (4-1-89 edition). The notice may include a statement regarding the coverage of any local fair housing or human rights ordinance prohibiting discrimination in the sale, rental or financing of dwellings.
Fair Housing - Past and Present
Historically most housing complaints were based on race. And according to estimates provided by the United States Department of Housing and Urban Development, 70% of fair housing complaints are related to a rental transaction.
While race is still the primary reason why people are discriminated against more complaints are being filed on the basis of disability. In fact, if current trends continue, in the near future, fair housing complaints based on disability will exceed those based on race.
The Fair Housing Office
Investigative Mandate
Training Mandate
Our Investigative Mandate
Virginia's Fair Housing Office (VFHO) is located on the 4 th floor at 9960 Mayland Drive, Suite 400, in Richmond, VA. The VFHO is under the auspices of the Department of Professional and Occupational Regulation.
The VFHO consists of an administrator who has overall responsibility for the office; an Investigative Supervisor who oversees all investigations; a Program Conciliator who attempts to resolve complaints through informal negotiation and four field investigators and two administrative investigators.
The VFHO is the investigative arm of Virginia's Fair Housing Board and Real Estate Board. The Fair Housing Board administers and enforces the Fair Housing Law for most individuals and businesses; the Real Estate Board retains jurisdiction over real estate licensees and their employees. Both boards meet in Richmond at the Department of Professional and Occupational Regulation. The public is welcome to attend these meetings.
Once the VFHO accepts a complaint as stating a fair housing claim the complaint is assigned to be investigated. During the investigative process an investigator generally interviews the complainant, the respondent and relevant witnesses. The investigator may also review documents and records.
After the investigation is completed the investigator writes a final report that summarizes the evidence obtained during the investigation. The investigative supervisor then reviews this report. The evidence is presented to the Board at its next regularly scheduled meeting. After reviewing the evidence the Board generally will either dismiss the complaint, issue a charge of discrimination or accept the conciliation agreement. If the Board dismisses the complaint both parties will be notified in writing that no further action will be taken. If the Board issues a charge of discrimination the charge is immediately referred to the Attorney General's Office for further action. If the Board issues a charge of discrimination both parties will be notified accordingly in writing.
During the investigative process the Program Conciliator will attempt to resolve the complaint through conciliation. Conciliation is a voluntary process where the parties attempt to resolve the complaint by agreeing to mutually acceptable terms. If conciliation is successful the investigation will be suspended. If conciliation is unsuccessful or if one of the parties does not want to attempt conciliation, the investigation continues until it is complete.
Our Training Mandate
In addition to investigating complaints another important function that Virginia's Fair Housing Office serves is to provide training and outreach. Each year staff from the fair housing office travel throughout Virginia providing training to housing providers, consumers and local and state officials. Presentations made by the fair housing staff range from giving out handouts to sophisticated Power Point presentations. Training provided by the Fair Housing is interactive, can be tailored to meet specific needs. Best of all the training is free.
If you have a fair housing question or if you have a question about our investigative process or our training availability call us at (804) 367-8530. Toll free call (888) 551-3247. For TDD users, please call the Virginia Relay by dialing 7-1-1. Or send an email to: fairhousing@dpor.state.va.us.
Copyright © 2000 Virginia Department of Professional and Occupational Regulation
This web page was last updated: 12/10/2008 11:26:45 AM