{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-96.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-96.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-96.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-96.2.html"}],"law_id":58122,"edition_id":1,"section_id":58122,"structure_id":13498,"section_number":"36-96.2","catch_line":"Exemptions","history":"1972, c. 591, \u00a7\u00a7 36-87, 36-92; 1973, c. 358; 1978, c. 138; 1989, c. 88; 1991, c. 557; 1992, c. 322; 2003, c. 575; 2006, c. 693; 2020, cc. 388, 477, 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478.","full_text":"A\n\nExcept as provided in subdivision A 3 of § 36-96.3 and subsections A, B, and C of § 36-96.6, this chapter shall not apply to any single-family house sold or rented by an owner, provided that such private individual does not own more than three single-family houses at any one time. In the case of the sale of any single-family house by a private individual-owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to sale, the exemption granted shall apply only with respect to one such sale within any 24-month period, provided that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be exempt from the application of this chapter only if the house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of the facilities or the services of any person in the business of selling or renting dwellings, or of any employee, independent contractor, or agent of any broker, agent, salesperson, or person and (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this chapter. However, nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title. This exemption shall not apply to or inure to the benefit of any licensee of the Real Estate Board or regulant of the Fair Housing Board, regardless of whether the licensee is acting in his personal or professional capacity.B\n\nExcept for subdivision A 3 of § 36-96.3, this chapter shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.C\n\nNothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preferences to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability. Nor shall anything in this chapter apply to a private membership club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nor, where matters of personal privacy are involved, shall anything in this chapter be construed to prohibit any private, state-owned, or state-supported educational institution, hospital, nursing home, or religious or correctional institution from requiring that persons of both sexes not occupy any single-family residence or room or unit of dwellings or other buildings, or restrooms in such room or unit in dwellings or other buildings, which it owns or operates.D\n\nNothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in federal law.E\n\nIt 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.F\n\nA rental application may require disclosure by the applicant of any criminal convictions and the owner or managing agent may require as a condition of acceptance of the rental application that applicant consent in writing to a criminal record check to verify the disclosures made by applicant in the rental application. The owner or managing agent may collect from the applicant moneys to reimburse the owner or managing agent for the exact amount of the out-of-pocket costs for such criminal record checks. Nothing in this chapter shall require an owner or managing agent to rent a dwelling to an individual who, based on a prior record of criminal convictions involving harm to persons or property, would constitute a clear and present threat to the health or safety of other individuals.G\n\nNothing in this chapter limits the applicability of any reasonable local, state or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling. Owners or managing agents of dwellings may develop and implement reasonable occupancy and safety standards based on factors such as the number and size of sleeping areas or bedrooms and overall size of a dwelling unit so long as the standards do not violate local, state or federal restrictions. Nothing in this chapter prohibits the rental application or similar document from requiring information concerning the number, ages, sex and familial relationship of the applicants and the dwelling’s intended occupants.H\n\nNothing in this chapter shall prohibit a landlord from considering evidence of an applicant’s status as a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant’s application pursuant to subsection D of § 55.1-1203.I\n\nNothing in this chapter shall prohibit an owner or an owner’s managing agent from denying or limiting the rental or occupancy of a rental dwelling unit to a person because of such person’s source of funds, provided that such owner does not own more than four rental dwelling units in the Commonwealth at the time of the alleged discriminatory housing practice. However, if an owner, whether individually or through a business entity, owns more than a 10 percent interest in more than four rental dwelling units in the Commonwealth at the time of the alleged discriminatory housing practice, the exemption provided in this subsection shall not apply.J\n\nIt shall not be unlawful under this chapter for an owner or an owner’s managing agent to deny or limit a person’s rental or occupancy of a rental dwelling unit based on the person’s source of funds for that unit if such source is not approved within 15 days of the person’s submission of the request for tenancy approval.","order_by":null,"text":{"0":{"id":212952,"text":"Except as provided in subdivision A 3 of § 36-96.3 and subsections A, B, and C of § 36-96.6, this chapter shall not apply to any single-family house sold or rented by an owner, provided that such private individual does not own more than three single-family houses at any one time. In the case of the sale of any single-family house by a private individual-owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to sale, the exemption granted shall apply only with respect to one such sale within any 24-month period, provided that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be exempt from the application of this chapter only if the house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of the facilities or the services of any person in the business of selling or renting dwellings, or of any employee, independent contractor, or agent of any broker, agent, salesperson, or person and (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this chapter. However, nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title. This exemption shall not apply to or inure to the benefit of any licensee of the Real Estate Board or regulant of the Fair Housing Board, regardless of whether the licensee is acting in his personal or professional capacity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212953,"text":"Except for subdivision A 3 of § 36-96.3, this chapter shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212954,"text":"Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preferences to such persons, unless membership in such religion is restricted on account of race, color, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability. Nor shall anything in this chapter apply to a private membership club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nor, where matters of personal privacy are involved, shall anything in this chapter be construed to prohibit any private, state-owned, or state-supported educational institution, hospital, nursing home, or religious or correctional institution from requiring that persons of both sexes not occupy any single-family residence or room or unit of dwellings or other buildings, or restrooms in such room or unit in dwellings or other buildings, which it owns or operates.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":212955,"text":"Nothing in this chapter prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in federal law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":212956,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":212957,"text":"A rental application may require disclosure by the applicant of any criminal convictions and the owner or managing agent may require as a condition of acceptance of the rental application that applicant consent in writing to a criminal record check to verify the disclosures made by applicant in the rental application. The owner or managing agent may collect from the applicant moneys to reimburse the owner or managing agent for the exact amount of the out-of-pocket costs for such criminal record checks. Nothing in this chapter shall require an owner or managing agent to rent a dwelling to an individual who, based on a prior record of criminal convictions involving harm to persons or property, would constitute a clear and present threat to the health or safety of other individuals.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":212958,"text":"Nothing in this chapter limits the applicability of any reasonable local, state or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling. Owners or managing agents of dwellings may develop and implement reasonable occupancy and safety standards based on factors such as the number and size of sleeping areas or bedrooms and overall size of a dwelling unit so long as the standards do not violate local, state or federal restrictions. Nothing in this chapter prohibits the rental application or similar document from requiring information concerning the number, ages, sex and familial relationship of the applicants and the dwelling’s intended occupants.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":212959,"text":"Nothing in this chapter shall prohibit a landlord from considering evidence of an applicant’s status as a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant’s application pursuant to subsection D of § 55.1-1203.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":212960,"text":"Nothing in this chapter shall prohibit an owner or an owner’s managing agent from denying or limiting the rental or occupancy of a rental dwelling unit to a person because of such person’s source of funds, provided that such owner does not own more than four rental dwelling units in the Commonwealth at the time of the alleged discriminatory housing practice. However, if an owner, whether individually or through a business entity, owns more than a 10 percent interest in more than four rental dwelling units in the Commonwealth at the time of the alleged discriminatory housing practice, the exemption provided in this subsection shall not apply.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":212961,"text":"It shall not be unlawful under this chapter for an owner or an owner’s managing agent to deny or limit a person’s rental or occupancy of a rental dwelling unit based on the person’s source of funds for that unit if such source is not approved within 15 days of the person’s submission of the request for tenancy approval.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-96.2\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 591 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 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 8 times. 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. Those modifications are as follows: in 1973, chapter 358; in 1978, chapter 138; in 1989, chapter 88; in 1991, chapter 557; in 1992, chapter 322; in 2003, chapter 575<\/a>; in 2006, chapter 693<\/a>; in 2020, chapters 388<\/a>, 477<\/a>, 1137<\/a>, and 1140<\/a>.<\/p>","references":false,"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":80070,"section_number":"36-96.3","catch_line":"Unlawful discriminatory housing practices","order_by":null,"url":"\/36-96.3\/"},{"id":78240,"section_number":"36-96.6","catch_line":"Certain restrictive covenants void; instruments containing such covenants","order_by":null,"url":"\/36-96.6\/"}],"permalink":{"id":209231,"object_type":"law","relational_id":58122,"identifier":"36-96.2","token":"36\/5.1\/36-96.2","url":"\/36-96.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-96.2\/","token":"36\/5.1\/36-96.2","dublin_core":{"Title":"Exemptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-96.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subdivision A 3 of § 36-96.3<\/a> and subsections A, B, and C of § 36-96.6<\/a>, this chapter shall not apply to any single-family<\/span> house sold or rented by an owner, provided that such private individual does not own more than three single-family<\/span> houses at any one time. In the case of the sale of any single-family<\/span> house by a private individual-owner not residing in the house at the time of the sale or who was not the most recent resident of the house prior to sale, the exemption granted shall apply only with respect to one such sale within any 24-month period, provided that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three such single-family<\/span> houses at any one time. The sale or rental of any such single-family<\/span> house shall be exempt from the application of this chapter only if the house is sold or rented (i) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, salesperson, or of the facilities or the services of any person<\/span> in the business of selling or renting dwellings<\/span>, or of any employee, independent contractor, or agent of any broker, agent, salesperson, or person<\/span> and (ii) without the publication, posting, or mailing, after notice, of any advertisement or written notice in violation of this chapter. However, nothing herein shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer the title. This exemption shall not apply to or inure to the benefit of any licensee of the Real Estate Board or regulant of the Fair Housing Board, regardless of whether the licensee is acting in his personal or professional capacity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except for subdivision A 3 of § 36-96.3<\/a>, this chapter shall not apply to rooms or units in dwellings<\/span> containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this chapter shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings<\/span> that it owns or operates for other than a commercial purpose to persons<\/span> of the same religion<\/span>, or from giving preferences to such persons<\/span>, unless membership in such religion<\/span> is restricted on account of race, color, national origin, sex, elderliness<\/span>, familial status<\/span>, sexual orientation, gender identity, military status<\/span>, or disability. Nor shall anything in this chapter apply to a private membership club not in fact<\/span> open to the public, which as an incident to its primary purpose or purposes provides lodging that it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members. Nor, where matters of personal privacy are involved, shall anything in this chapter be construed to prohibit any private, state-owned, or state-supported educational institution, hospital, nursing home, or religious or correctional institution from requiring that persons<\/span> of both sexes not occupy any single-family<\/span> residence or room or unit of dwellings<\/span> or other buildings, or restrooms in such room or unit in dwellings<\/span> or other buildings, which it owns or operates. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this chapter prohibits conduct against a person<\/span> because such person<\/span> has been convicted by any court<\/span> of competent jurisdiction<\/span> of the illegal manufacture or distribution of a controlled substance as defined in federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> It shall not be unlawful under this chapter for any owner to deny or limit the rental of housing to persons<\/span> who pose a clear and present threat of substantial harm to others or to the dwelling<\/span> itself. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A rental application may require disclosure by the applicant of any criminal convictions<\/span> and the owner or managing agent may require as a condition of acceptance of the rental application that applicant consent in writing to a criminal record check to verify the disclosures made by applicant in the rental application. The owner or managing agent may collect from the applicant moneys to reimburse the owner or managing agent for the exact amount of the out-of-pocket costs for such criminal record checks. Nothing in this chapter shall require an owner or managing agent to rent<\/span> a dwelling<\/span> to an individual who, based on a prior record of criminal convictions<\/span> involving harm to persons<\/span> or property, would constitute a clear and present threat to the health or safety of other individuals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Nothing in this chapter limits the applicability of any reasonable local, state or federal restriction regarding the maximum number of occupants permitted to occupy a dwelling<\/span>. Owners or managing agents of dwellings<\/span> may develop and implement reasonable occupancy and safety standards based on factors such as the number and size of sleeping areas or bedrooms and overall size of a dwelling<\/span> unit so long as the standards do not violate local, state or federal restrictions. Nothing in this chapter prohibits the rental application or similar document from requiring information concerning the number, ages, sex and familial relationship of the applicants and the dwelling<\/span>’s intended occupants. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Nothing in this chapter shall prohibit a landlord from considering evidence<\/span> of an applicant’s status as a victim of family<\/span> abuse, as defined in § 16.1-228<\/a>, to mitigate any adverse effect of an otherwise qualified applicant’s application pursuant to subsection D of § 55.1-1203<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this chapter shall prohibit an owner or an owner’s managing agent from denying or limiting the rental or occupancy of a rental dwelling<\/span> unit to a person<\/span> because of such person<\/span>’s source of funds<\/span>, provided that such owner does not own more than four rental dwelling<\/span> units in the Commonwealth at the time of the alleged discriminatory housing practice. However, if an owner, whether individually or through a business entity, owns more than a 10 percent interest in more than four rental dwelling<\/span> units in the Commonwealth at the time of the alleged discriminatory housing practice, the exemption provided in this subsection shall not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> It shall not be unlawful under this chapter for an owner or an owner’s managing agent to deny or limit a person<\/span>’s rental or occupancy of a rental dwelling<\/span> unit based on the person<\/span>’s source of funds<\/span> for that unit if such source is not approved within 15 days of the person<\/span>’s submission of the request for tenancy approval. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEXEMPTIONS (\u00a7 36-96.2)\n\nA. Except as provided in subdivision A 3 of § 36-96.3 and subsections A, B,\nand C of § 36-96.6, this chapter shall not apply to any single-family house\nsold or rented by an owner, provided that such private individual does not own\nmore than three single-family houses at any one time. In the case of the sale of\nany single-family house by a private individual-owner not residing in the house\nat the time of the sale or who was not the most recent resident of the house\nprior to sale, the exemption granted shall apply only with respect to one such\nsale within any 24-month period, provided that such bona fide private individual\nowner does not own any interest in, nor is there owned or reserved on his\nbehalf, under any express or voluntary agreement, title to or any right to all\nor a portion of the proceeds from the sale or rental of, more than three such\nsingle-family houses at any one time. The sale or rental of any such\nsingle-family house shall be exempt from the application of this chapter only if\nthe house is sold or rented (i) without the use in any manner of the sales or\nrental facilities or the sales or rental services of any real estate broker,\nagent, salesperson, or of the facilities or the services of any person in the\nbusiness of selling or renting dwellings, or of any employee, independent\ncontractor, or agent of any broker, agent, salesperson, or person and (ii)\nwithout the publication, posting, or mailing, after notice, of any advertisement\nor written notice in violation of this chapter. However, nothing herein shall\nprohibit the use of attorneys, escrow agents, abstractors, title companies, and\nother professional assistance as necessary to perfect or transfer the title.\nThis exemption shall not apply to or inure to the benefit of any licensee of the\nReal Estate Board or regulant of the Fair Housing Board, regardless of whether\nthe licensee is acting in his personal or professional capacity.\n\nB. Except for subdivision A 3 of § 36-96.3, this chapter shall not apply to\nrooms or units in dwellings containing living quarters occupied or intended to\nbe occupied by no more than four families living independently of each other, if\nthe owner actually maintains and occupies one of such living quarters as his\nresidence.\n\nC. Nothing in this chapter shall prohibit a religious organization, association\nor society, or any nonprofit institution or organization operated, supervised,\nor controlled by or in conjunction with a religious organization, association,\nor society, from limiting the sale, rental, or occupancy of dwellings that it\nowns or operates for other than a commercial purpose to persons of the same\nreligion, or from giving preferences to such persons, unless membership in such\nreligion is restricted on account of race, color, national origin, sex,\nelderliness, familial status, sexual orientation, gender identity, military\nstatus, or disability. Nor shall anything in this chapter apply to a private\nmembership club not in fact open to the public, which as an incident to its\nprimary purpose or purposes provides lodging that it owns or operates for other\nthan a commercial purpose, from limiting the rental or occupancy of such\nlodgings to its members or from giving preference to its members. Nor, where\nmatters of personal privacy are involved, shall anything in this chapter be\nconstrued to prohibit any private, state-owned, or state-supported educational\ninstitution, hospital, nursing home, or religious or correctional institution\nfrom requiring that persons of both sexes not occupy any single-family residence\nor room or unit of dwellings or other buildings, or restrooms in such room or\nunit in dwellings or other buildings, which it owns or operates.\n\nD. Nothing in this chapter prohibits conduct against a person because such\nperson has been convicted by any court of competent jurisdiction of the illegal\nmanufacture or distribution of a controlled substance as defined in federal law.\n\nE. It shall not be unlawful under this chapter for any owner to deny or limit\nthe rental of housing to persons who pose a clear and present threat of\nsubstantial harm to others or to the dwelling itself.\n\nF. A rental application may require disclosure by the applicant of any criminal\nconvictions and the owner or managing agent may require as a condition of\nacceptance of the rental application that applicant consent in writing to a\ncriminal record check to verify the disclosures made by applicant in the rental\napplication. The owner or managing agent may collect from the applicant moneys\nto reimburse the owner or managing agent for the exact amount of the\nout-of-pocket costs for such criminal record checks. Nothing in this chapter\nshall require an owner or managing agent to rent a dwelling to an individual\nwho, based on a prior record of criminal convictions involving harm to persons\nor property, would constitute a clear and present threat to the health or safety\nof other individuals.\n\nG. Nothing in this chapter limits the applicability of any reasonable local,\nstate or federal restriction regarding the maximum number of occupants permitted\nto occupy a dwelling. Owners or managing agents of dwellings may develop and\nimplement reasonable occupancy and safety standards based on factors such as the\nnumber and size of sleeping areas or bedrooms and overall size of a dwelling\nunit so long as the standards do not violate local, state or federal\nrestrictions. Nothing in this chapter prohibits the rental application or\nsimilar document from requiring information concerning the number, ages, sex and\nfamilial relationship of the applicants and the dwelling’s intended\noccupants.\n\nH. Nothing in this chapter shall prohibit a landlord from considering evidence\nof an applicant’s status as a victim of family abuse, as defined in §\n16.1-228, to mitigate any adverse effect of an otherwise qualified\napplicant’s application pursuant to subsection D of § 55.1-1203.\n\nI. Nothing in this chapter shall prohibit an owner or an owner’s managing\nagent from denying or limiting the rental or occupancy of a rental dwelling unit\nto a person because of such person’s source of funds, provided that such\nowner does not own more than four rental dwelling units in the Commonwealth at\nthe time of the alleged discriminatory housing practice. However, if an owner,\nwhether individually or through a business entity, owns more than a 10 percent\ninterest in more than four rental dwelling units in the Commonwealth at the time\nof the alleged discriminatory housing practice, the exemption provided in this\nsubsection shall not apply.\n\nJ. It shall not be unlawful under this chapter for an owner or an owner’s\nmanaging agent to deny or limit a person’s rental or occupancy of a rental\ndwelling unit based on the person’s source of funds for that unit if such\nsource is not approved within 15 days of the person’s submission of the\nrequest for tenancy approval.\n\nHISTORY: 1972, c. 591, \u00a7\u00a7 36-87, 36-92; 1973, c. 358; 1978, c. 138; 1989, c.\n88; 1991, c. 557; 1992, c. 322; 2003, c. 575; 2006, c. 693; 2020, cc. 388, 477,\n1137, 1140; 2021, Sp. Sess. I, cc. 477, 478.","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}}