Summary of Protected Classes
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Summary of Protected Classes
Description of the protected classes
Non protected classes
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Summary of Protected Classes
Virginia's Fair Housing Law makes it illegal to discriminate in residential housing on the basis of race, color, religion, national origin, sex, elderliness, familial status and disability. In addition, the law prohibits applying one standard to one class of individuals while applying a different standard to another class of individuals. For example, it would be illegal to ask a disabled individual applying for an apartment to provide a credit report if non disabled applicants did not have to provide one.
Virginia's Fair Housing Law applies to rental transactions, trying to rent an apartment or house, to sales transactions, trying to purchase a home, to financing transactions, trying to obtain a mortgage, to insurance transactions, trying to obtain homeowners or rental insurance and to advertising transactions, how individuals, companies and newspapers advertise about rental vacancies or homes for sale.
Description of the protected classes
Race
It would be illegal to deny someone a housing opportunity because they are black or white.
Color
Some people have darker complexions than others. If would be illegal to deny someone a housing opportunity on that basis.
Religion
A housing provider could not refuse to sell or rent to someone because they practice Islam or Christianity.
National origin
A housing provider could not refuse to sell or rent to someone because they are Asian or Jewish.
Sex
Except for shared living spaces it would be illegal to rent to one sex and not the other. For more information on sexual discrimination, visit the Sexual and Non-Sexual Discrimination page.
Elderliness
Elderliness means over 55. Under this protected class a housing proving could not deny a housing opportunity to someone because they are older than 55.
Familial status
Familial status means having children who are under eighteen. Unless a facility is a senior/retirement facility it may not refuse to rent to families with children. Senior and retirement faculties for individuals over 55 or 62 may however lawfully refuse to rent to families with children.
In terms of occupancy standards as they relate to families and children, the general guideline is that housing providers should allow at least two people per bedroom. In some circumstances landlords should allow more than two people per bedroom while in other circumstance a bedroom and the total living space would not accommodate two people in every bedroom. Housing providers should also not dictate which bedrooms younger children on different sexes sleep as this is a parental matte. Nor should a housing provider dictate what floor families with children should live on. Again this is a parental matter.
Disability
The law also makes it illegal to deny a housing opportunity to individuals with disabilities. For information about housing and disabilities see Housing and Disabilities.
For information on design and construction of multi-family housing with accessible features, see the Design and Construction page.
Historically most housing complaints have been based on race. Complaints based on disability however continue to increase and may eventually displace race as the number one protected class. Complaints based on familial status are usually the third most frequent type of housing complaint.
Non protected classes
There are several groups that are not protected under either the state or federal fair housing law. For example students and smokers are not protected. Income status, sexual orientation, marital status, that is unmarried couples and age are also not protected groups. However these classes may be protected under a local ordinance. Therefore before drafting a fair housing policy a housing provider should determine if local ordinances protect certain classes that are not protected by the state or federal law.
Links to related pages
Sexual and Non-Sexual Discrimination
Copyright © 2000 Virginia Department of Professional and Occupational Regulation
This web page was last updated: 08/30/2007 09:44:37 AM