{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-96.17.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-96.17.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-96.17.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-96.17.html"}],"law_id":85292,"edition_id":1,"section_id":85292,"structure_id":13498,"section_number":"36-96.17","catch_line":"Civil action by Attorney General; matters involving the legality of any local zoning or other land use ordinance; pattern or practice cases; or referral of conciliation agreement for enforcement","history":"1991, c. 557; 1994, c. 814; 2021, Sp. Sess. I, c. 267.","full_text":"A\n\nIf the Board determines, after consultation with the Office of the Attorney General, that an alleged discriminatory housing practice involves (i) the legality of any local zoning or land use ordinance or (ii) activity proscribed in subsection C of § 36-96.3, instead of issuing a charge, the Board shall immediately refer the matter to the Attorney General for civil action in the appropriate circuit court for appropriate relief. A civil action under this subsection shall be commenced no later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice.B\n\nWhenever 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.C\n\nIn the event of a breach of a conciliation agreement by a respondent, the Board may authorize a civil action by the Attorney General. The Attorney General may commence a civil action in any appropriate circuit court for appropriate relief. A civil action under this subsection shall be commenced no later than the expiration of 90 days after the referral of such alleged breach.D\n\nThe 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.E\n\nIn a civil action under subsections A, B, and C, the court may:1\n\nAward such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter as is necessary to assure the full enjoyment of the rights granted by this chapter.2\n\nAssess a civil penalty against the respondent (i) in an amount not exceeding $50,000 for a first violation and (ii) in an amount not exceeding $100,000 for any subsequent violation.3\n\nAward the prevailing party reasonable attorney fees and costs. The Commonwealth shall be liable for such fees and costs to the extent provided by the Code of Virginia.\n\t\t\t\tThe 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.F\n\nUpon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection A, B, or C that involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a party to a conciliation agreement. 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.","order_by":null,"text":{"0":{"id":305611,"text":"If the Board determines, after consultation with the Office of the Attorney General, that an alleged discriminatory housing practice involves (i) the legality of any local zoning or land use ordinance or (ii) activity proscribed in subsection C of § 36-96.3, instead of issuing a charge, the Board shall immediately refer the matter to the Attorney General for civil action in the appropriate circuit court for appropriate relief. A civil action under this subsection shall be commenced no later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305612,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305613,"text":"In the event of a breach of a conciliation agreement by a respondent, the Board may authorize a civil action by the Attorney General. The Attorney General may commence a civil action in any appropriate circuit court for appropriate relief. A civil action under this subsection shall be commenced no later than the expiration of 90 days after the referral of such alleged breach.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305614,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":305615,"text":"In a civil action under subsections A, B, and C, the court may:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":305616,"text":"Award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this chapter as is necessary to assure the full enjoyment of the rights granted by this chapter.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":305617,"text":"Assess a civil penalty against the respondent (i) in an amount not exceeding $50,000 for a first violation and (ii) in an amount not exceeding $100,000 for any subsequent violation.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":305618,"text":"Award the prevailing party reasonable attorney fees and costs. The Commonwealth shall be liable for such fees and costs to the extent provided by the Code of Virginia.\n\t\t\t\tThe 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.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"8":{"id":305619,"text":"Upon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection A, B, or C that involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person or a party to a conciliation agreement. 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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3"}},"ancestry":[{"id":13498,"edition_id":1,"name":"Virginia Fair Housing Law","identifier":"5.1","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":209181,"object_type":"structure","relational_id":13498,"identifier":"5.1","token":"36\/5.1","url":"\/36\/5.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65553,"structure_id":13498,"section_number":"36-96.1","catch_line":"Declaration of policy","url":"\/36-96.1\/","token":"36\/5.1\/36-96.1","metadata":false},{"id":61134,"structure_id":13498,"section_number":"36-96.10","catch_line":"Procedures for investigation","url":"\/36-96.10\/","token":"36\/5.1\/36-96.10","metadata":false},{"id":67356,"structure_id":13498,"section_number":"36-96.11","catch_line":"Reasonable cause determination and effect","url":"\/36-96.11\/","token":"36\/5.1\/36-96.11","metadata":false},{"id":72315,"structure_id":13498,"section_number":"36-96.12","catch_line":"No reasonable cause determination and effect","url":"\/36-96.12\/","token":"36\/5.1\/36-96.12","metadata":false},{"id":87140,"structure_id":13498,"section_number":"36-96.13","catch_line":"Conciliation","url":"\/36-96.13\/","token":"36\/5.1\/36-96.13","metadata":false},{"id":79737,"structure_id":13498,"section_number":"36-96.14","catch_line":"Issuance of a charge","url":"\/36-96.14\/","token":"36\/5.1\/36-96.14","metadata":false},{"id":79697,"structure_id":13498,"section_number":"36-96.15","catch_line":"Prompt judicial action","url":"\/36-96.15\/","token":"36\/5.1\/36-96.15","metadata":false},{"id":77306,"structure_id":13498,"section_number":"36-96.16","catch_line":"Civil action by Attorney General upon referral of charge by the Real Estate Board","url":"\/36-96.16\/","token":"36\/5.1\/36-96.16","metadata":false},{"id":85292,"structure_id":13498,"section_number":"36-96.17","catch_line":"Civil action by Attorney General; matters involving the legality of any local zoning or other land use ordinance; pattern or practice cases; or referral of conciliation agreement for enforcement","url":"\/36-96.17\/","token":"36\/5.1\/36-96.17","metadata":false},{"id":70010,"structure_id":13498,"section_number":"36-96.18","catch_line":"Civil action; enforcement by private parties","url":"\/36-96.18\/","token":"36\/5.1\/36-96.18","metadata":false},{"id":54812,"structure_id":13498,"section_number":"36-96.19","catch_line":"Witness fees","url":"\/36-96.19\/","token":"36\/5.1\/36-96.19","metadata":false},{"id":62921,"structure_id":13498,"section_number":"36-96.1:1","catch_line":"Definitions","url":"\/36-96.1_1\/","token":"36\/5.1\/36-96.1_1","metadata":false},{"id":58122,"structure_id":13498,"section_number":"36-96.2","catch_line":"Exemptions","url":"\/36-96.2\/","token":"36\/5.1\/36-96.2","metadata":false},{"id":71220,"structure_id":13498,"section_number":"36-96.20","catch_line":"Additional powers of the Real Estate Board; action on real estate licenses","url":"\/36-96.20\/","token":"36\/5.1\/36-96.20","metadata":false},{"id":85652,"structure_id":13498,"section_number":"36-96.21","catch_line":"Powers of counties, cities and towns","url":"\/36-96.21\/","token":"36\/5.1\/36-96.21","metadata":false},{"id":58973,"structure_id":13498,"section_number":"36-96.22","catch_line":"Repealed","url":"\/36-96.22\/","token":"36\/5.1\/36-96.22","metadata":false},{"id":67360,"structure_id":13498,"section_number":"36-96.23","catch_line":"Construction of law","url":"\/36-96.23\/","token":"36\/5.1\/36-96.23","metadata":false},{"id":80070,"structure_id":13498,"section_number":"36-96.3","catch_line":"Unlawful discriminatory housing practices","url":"\/36-96.3\/","token":"36\/5.1\/36-96.3","metadata":false},{"id":85052,"structure_id":13498,"section_number":"36-96.3:1","catch_line":"Rights and responsibilities with respect to the use of an assistance animal in a dwelling","url":"\/36-96.3_1\/","token":"36\/5.1\/36-96.3_1","metadata":false},{"id":58480,"structure_id":13498,"section_number":"36-96.3:2","catch_line":"Reasonable accommodations; interactive process","url":"\/36-96.3_2\/","token":"36\/5.1\/36-96.3_2","metadata":false},{"id":65380,"structure_id":13498,"section_number":"36-96.4","catch_line":"Discrimination in residential real estate-related transactions; unlawful practices by lenders, insurers, appraisers, etc.; deposit of state funds in such institutions","url":"\/36-96.4\/","token":"36\/5.1\/36-96.4","metadata":false},{"id":73766,"structure_id":13498,"section_number":"36-96.5","catch_line":"Interference with enjoyment of rights of others under this chapter","url":"\/36-96.5\/","token":"36\/5.1\/36-96.5","metadata":false},{"id":78240,"structure_id":13498,"section_number":"36-96.6","catch_line":"Certain restrictive covenants void; instruments containing such covenants","url":"\/36-96.6\/","token":"36\/5.1\/36-96.6","metadata":false},{"id":61889,"structure_id":13498,"section_number":"36-96.7","catch_line":"Familial status protection not applicable to housing for older persons","url":"\/36-96.7\/","token":"36\/5.1\/36-96.7","metadata":false},{"id":54463,"structure_id":13498,"section_number":"36-96.8","catch_line":"Powers of Real Estate Board and Fair Housing Board","url":"\/36-96.8\/","token":"36\/5.1\/36-96.8","metadata":false},{"id":79606,"structure_id":13498,"section_number":"36-96.9","catch_line":"Procedures for receipt or initiation of complaint; notice to parties; filing of answer","url":"\/36-96.9\/","token":"36\/5.1\/36-96.9","metadata":false}],"previous_section":{"id":77306,"structure_id":13498,"section_number":"36-96.16","catch_line":"Civil action by Attorney General upon referral of charge by the Real Estate Board","url":"\/36-96.16\/","token":"36\/5.1\/36-96.16","metadata":false},"next_section":{"id":70010,"structure_id":13498,"section_number":"36-96.18","catch_line":"Civil action; enforcement by private parties","url":"\/36-96.18\/","token":"36\/5.1\/36-96.18","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-96.17\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 557 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1994, chapter 814<\/a>.<\/p>","references":[{"id":87140,"section_number":"36-96.13","catch_line":"Conciliation","order_by":null,"url":"\/36-96.13\/"}],"refers_to":[{"id":70010,"section_number":"36-96.18","catch_line":"Civil action; enforcement by private parties","order_by":null,"url":"\/36-96.18\/"},{"id":80070,"section_number":"36-96.3","catch_line":"Unlawful discriminatory housing practices","order_by":null,"url":"\/36-96.3\/"}],"permalink":{"id":209215,"object_type":"law","relational_id":85292,"identifier":"36-96.17","token":"36\/5.1\/36-96.17","url":"\/36-96.17\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-96.17\/","token":"36\/5.1\/36-96.17","dublin_core":{"Title":"Civil action by Attorney General; matters involving the legality of any local zoning or other land use ordinance; pattern or practice cases; or referral of conciliation agreement for enforcement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-96.17","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the Board determines, after consultation with the Office of the Attorney General<\/span>, that an alleged discriminatory housing practice involves (i) the legality of any local zoning or land use ordinance<\/span> or (ii) activity proscribed in subsection C of § 36-96.3<\/a>, instead of issuing a charge, the Board shall immediately refer the matter to the Attorney General<\/span> for civil action<\/span> in the appropriate circuit<\/span> court<\/span> for appropriate relief. A civil action<\/span> under this subsection shall be commenced no later than the expiration of 18 months after the date of the occurrence or the termination of the alleged discriminatory housing practice. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Whenever the Attorney General<\/span> has reasonable cause to believe that any person<\/span> or group of persons<\/span> 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<\/span> has been denied any of the rights granted by this chapter and such denial raises an issue<\/span> of general public importance, the Attorney General<\/span> may commence a civil action<\/span> in the appropriate circuit<\/span> court<\/span> for appropriate relief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the event of a breach of a conciliation agreement<\/span> by a respondent<\/span>, the Board may authorize a civil action<\/span> by the Attorney General<\/span>. The Attorney General<\/span> may commence a civil action<\/span> in any appropriate circuit<\/span> court<\/span> for appropriate relief. A civil action<\/span> under this subsection shall be commenced no later than the expiration of 90 days after the referral of such alleged breach. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Attorney General<\/span>, on behalf of the Board, or other party<\/span> at whose request a subpoena<\/span> is issued, under this chapter, may enforce such subpoena<\/span> in appropriate proceedings in the appropriate circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In a civil action<\/span> under subsections A, B, and C, the court<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Award such preventive relief, including a permanent or temporary injunction<\/span>, restraining order<\/span>, or other order<\/span> against the person<\/span> responsible for a violation of this chapter as is necessary to assure the full enjoyment of the rights granted by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Assess a civil penalty<\/span> against the respondent<\/span> (i) in an amount not exceeding $50,000 for a first violation and (ii) in an amount not exceeding $100,000 for any subsequent violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Award the prevailing party<\/span> reasonable attorney fees and costs. The Commonwealth shall be liable for such fees and costs to the extent provided by the Code of Virginia.\n\t\t\t\tThe court<\/span> or jury<\/span> may award such other relief to the aggrieved person<\/span>, as the court<\/span> deems appropriate, including compensatory damages<\/span>, and punitive damages<\/span> without limitation otherwise imposed by state law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon timely application, any person may intervene in a civil action<\/span> commenced by the Attorney General<\/span> under subsection A, B, or C that involves an alleged discriminatory housing practice with respect to which such person is an aggrieved person<\/span> or a party<\/span> to a conciliation agreement<\/span>. The court<\/span> may grant such appropriate relief to any such intervening party<\/span> as is authorized to be granted to a plaintiff<\/span> in a civil action<\/span> under § 36-96.18<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ACTION BY ATTORNEY GENERAL; MATTERS INVOLVING THE LEGALITY OF ANY LOCAL\nZONING OR OTHER LAND USE ORDINANCE; PATTERN OR PRACTICE CASES; OR REFERRAL OF\nCONCILIATION AGREEMENT FOR ENFORCEMENT (\u00a7 36-96.17)\n\nA. If the Board determines, after consultation with the Office of the Attorney\nGeneral, that an alleged discriminatory housing practice involves (i) the\nlegality of any local zoning or land use ordinance or (ii) activity proscribed\nin subsection C of § 36-96.3, instead of issuing a charge, the Board shall\nimmediately refer the matter to the Attorney General for civil action in the\nappropriate circuit court for appropriate relief. A civil action under this\nsubsection shall be commenced no later than the expiration of 18 months after\nthe date of the occurrence or the termination of the alleged discriminatory\nhousing practice.\n\nB. Whenever the Attorney General has reasonable cause to believe that any person\nor group of persons is engaged in a pattern or practice of resistance to the\nfull enjoyment of any of the rights granted by this chapter, or that any group\nof persons has been denied any of the rights granted by this chapter and such\ndenial raises an issue of general public importance, the Attorney General may\ncommence a civil action in the appropriate circuit court for appropriate relief.\n\nC. In the event of a breach of a conciliation agreement by a respondent, the\nBoard may authorize a civil action by the Attorney General. The Attorney General\nmay commence a civil action in any appropriate circuit court for appropriate\nrelief. A civil action under this subsection shall be commenced no later than\nthe expiration of 90 days after the referral of such alleged breach.\n\nD. The Attorney General, on behalf of the Board, or other party at whose request\na subpoena is issued, under this chapter, may enforce such subpoena in\nappropriate proceedings in the appropriate circuit court.\n\nE. In a civil action under subsections A, B, and C, the court may:\n\n 1. Award such preventive relief, including a permanent or temporary\n injunction, restraining order, or other order against the person responsible\n for a violation of this chapter as is necessary to assure the full enjoyment\n of the rights granted by this chapter.\n\n 2. Assess a civil penalty against the respondent (i) in an amount not\n exceeding $50,000 for a first violation and (ii) in an amount not exceeding\n $100,000 for any subsequent violation.\n\n 3. Award the prevailing party reasonable attorney fees and costs. The\n Commonwealth shall be liable for such fees and costs to the extent provided by\n the Code of Virginia.\n \t\t\t\tThe court or jury may award such other relief to the aggrieved person, as\n the court deems appropriate, including compensatory damages, and punitive\n damages without limitation otherwise imposed by state law.\n\nF. Upon timely application, any person may intervene in a civil action commenced\nby the Attorney General under subsection A, B, or C that involves an alleged\ndiscriminatory housing practice with respect to which such person is an\naggrieved person or a party to a conciliation agreement. The court may grant\nsuch appropriate relief to any such intervening party as is authorized to be\ngranted to a plaintiff in a civil action under § 36-96.18.\n\nHISTORY: 1991, c. 557; 1994, c. 814; 2021, Sp. Sess. I, c. 267.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}