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, disability, source of funds, sexual orientation, gender identity, or military status. 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 an applicant with a disability to provide a credit report if applicants without disabilities do not have to provide one.

Virginia’s Fair Housing Law and Regulations apply 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).

Historically, most housing complaints have been based on race. Complaints based on disability, however, continue to increase and may eventually displace race as the most frequent topic of housing discrimination complaints. Complaints based on familial status are generally the third most common type of housing complaint.

Examples of 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 (gender) and not the other. For more information on sexual discrimination, visit the Sexual and Non-Sexual Discrimination page.

Elderliness
Elderliness means an individual who has attained his 55th birthday. Under this protected class, a housing provider could not deny a housing opportunity to someone because they are age 55 or older.

Familial status
Familial status means having children who are under age 18. Unless a facility is a senior/retirement facility, it may not refuse to rent to families with children. Senior and retirement facilities for individuals over age 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 circumstances a bedroom and the total living space would not accommodate two people in every bedroom. Housing providers should also not dictate in which bedrooms younger children of different sexes sleep, as this is a parental matter. Nor should a housing provider dictate what floor families with children should live on.

Disability
The law also makes it illegal to deny housing opportunities to individuals with disabilities. For information about housing and disabilities see Housing and People with Disabilities. For information on the design and construction of multi-family housing with accessible features, see the Design and Construction page.

Source of Funds
Any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit, or subsidy program. (See Guidance Document.)

Sexual Orientation
A person’s actual or perceived heterosexuality, bisexuality, or homosexuality.

Gender Identity
The gender-related identity, appearance, or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.

Military Status
A member of the uniformed forces or reserves, a veteran, or a dependent as defined under the law.

Non-Protected Classes

Several groups are not protected under either the state or federal fair housing law. For example, students, smokers, and unmarried couples (marital status) 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.