{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-96.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-96.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-96.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-96.3_1.html"}],"law_id":85052,"edition_id":1,"section_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","history":"2017, cc. 575, 729; 2023, c. 439.","full_text":"A\n\nA person with a disability, or a person associated with such person, who maintains an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. Such person shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal in a dwelling, but shall be responsible for any physical damages to the dwelling if residents who maintain pets are responsible for such damages in accordance with such documents or state law. Nothing herein shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth.B\n\nIf a person’s disability is obvious or otherwise known to the person receiving a request, or if the need for a requested accommodation is readily apparent or known to the person receiving a request, the person receiving a request for reasonable accommodation may not request any additional verification about the requester’s disability. If a person’s disability is readily apparent or known to the person receiving the request but the disability-related need is not readily apparent or known, the person receiving the request may ask for additional verification to evaluate the requester’s disability-related need.C\n\nA person with a disability, or a person associated with such person, may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling. Subject to subsection B, the person receiving the request may ask the requester to provide reliable documentation of the disability and the disability-related need for an assistance animal, including documentation from any person with whom the person with a disability has or has had a therapeutic relationship.D\n\nSubject to subsection B, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation that verifies the disability and the disability-related need for the reasonable accommodation regarding an assistance animal.E\n\nFor purposes of this section, “therapeutic relationship” means the provision of medical care, program care, or personal care services, in good faith, to the person with a disability by (i) a mental health service provider as defined in § 54.1-2400.1; (ii) an individual or entity with a valid, unrestricted state license, certification, or registration to serve persons with disabilities; (iii) a person from a peer support or similar group that does not charge service recipients a fee or impose any actual or implied financial requirement and who has actual knowledge about the requester’s disability; or (iv) a caregiver, reliable third party, or government entity with actual knowledge of the requester’s disability.F\n\nNo person listed in clauses (i) through (iv) of subsection E shall provide fraudulent supporting documentation to evince the existence of a disability or disability-related need for a person requesting a reasonable accommodation pursuant to this section. A violation of this subsection constitutes a prohibited practice under the provisions of § 59.1-200 and shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).","order_by":null,"text":{"0":{"id":304833,"text":"A person with a disability, or a person associated with such person, who maintains an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. Such person shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal in a dwelling, but shall be responsible for any physical damages to the dwelling if residents who maintain pets are responsible for such damages in accordance with such documents or state law. Nothing herein shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304834,"text":"If a person’s disability is obvious or otherwise known to the person receiving a request, or if the need for a requested accommodation is readily apparent or known to the person receiving a request, the person receiving a request for reasonable accommodation may not request any additional verification about the requester’s disability. If a person’s disability is readily apparent or known to the person receiving the request but the disability-related need is not readily apparent or known, the person receiving the request may ask for additional verification to evaluate the requester’s disability-related need.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304835,"text":"A person with a disability, or a person associated with such person, may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling. Subject to subsection B, the person receiving the request may ask the requester to provide reliable documentation of the disability and the disability-related need for an assistance animal, including documentation from any person with whom the person with a disability has or has had a therapeutic relationship.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304836,"text":"Subject to subsection B, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation that verifies the disability and the disability-related need for the reasonable accommodation regarding an assistance animal.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":304837,"text":"For purposes of this section, “therapeutic relationship” means the provision of medical care, program care, or personal care services, in good faith, to the person with a disability by (i) a mental health service provider as defined in § 54.1-2400.1; (ii) an individual or entity with a valid, unrestricted state license, certification, or registration to serve persons with disabilities; (iii) a person from a peer support or similar group that does not charge service recipients a fee or impose any actual or implied financial requirement and who has actual knowledge about the requester’s disability; or (iv) a caregiver, reliable third party, or government entity with actual knowledge of the requester’s disability.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":304838,"text":"No person listed in clauses (i) through (iv) of subsection E shall provide fraudulent supporting documentation to evince the existence of a disability or disability-related need for a person requesting a reasonable accommodation pursuant to this section. A violation of this subsection constitutes a prohibited practice under the provisions of § 59.1-200 and shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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; 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notice to parties; filing of answer","url":"\/36-96.9\/","token":"36\/5.1\/36-96.9","metadata":false}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-96.3:1\/","history_text":"

This law was first created in 2017. The record of its establishment is cataloged in chapters 575<\/a> and 729<\/a> 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. 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 2023, chapter 439<\/a>.<\/p>","references":[{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":[{"id":69157,"section_number":"54.1-2400.1","catch_line":"Mental health service providers; duty to protect third parties; immunity","order_by":null,"url":"\/54.1-2400.1\/"},{"id":56198,"section_number":"59.1-196","catch_line":"Title","order_by":null,"url":"\/59.1-196\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"permalink":{"id":209255,"object_type":"law","relational_id":85052,"identifier":"36-96.3:1","token":"36\/5.1\/36-96.3_1","url":"\/36-96.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-96.3_1\/","token":"36\/5.1\/36-96.3_1","dublin_core":{"Title":"Rights and responsibilities with respect to the use of an assistance animal in a dwelling","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-96.3:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A person<\/span> with a disability, or a person<\/span> associated with such person<\/span>, who maintains an assistance animal<\/span> in a dwelling<\/span> shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling<\/span> and any common areas of the premises. Such person<\/span> shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal<\/span> in a dwelling<\/span>, but shall be responsible for any physical damages<\/span> to the dwelling<\/span> if residents who maintain pets are responsible for such damages<\/span> in accordance with such documents or state law<\/span>. Nothing herein shall be construed to affect any cause of action<\/span> against any resident for other damages<\/span> under the laws<\/span> of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a person<\/span>’s disability is obvious or otherwise known to the person<\/span> receiving a request, or if the need for a requested accommodation is readily apparent or known to the person<\/span> receiving a request, the person<\/span> receiving a request for reasonable accommodation may not request any additional verification about the requester’s disability. If a person<\/span>’s disability is readily apparent or known to the person<\/span> receiving the request but the disability-related need is not readily apparent or known, the person<\/span> receiving the request may ask for additional verification to evaluate the requester’s disability-related need. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A person<\/span> with a disability, or a person<\/span> associated with such person<\/span>, may submit a request for a reasonable accommodation to maintain an assistance animal<\/span> in a dwelling<\/span>. Subject to subsection B, the person<\/span> receiving the request may ask the requester to provide reliable documentation of the disability and the disability-related need for an assistance animal<\/span>, including documentation from any person<\/span> with whom the person<\/span> with a disability has or has had a therapeutic relationship<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Subject to subsection B, a person<\/span> receiving a request for a reasonable accommodation to maintain an assistance animal<\/span> in a dwelling<\/span> shall evaluate the request and any reliable supporting documentation that verifies the disability and the disability-related need for the reasonable accommodation regarding an assistance animal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For purposes of this section, “therapeutic relationship<\/span>” means the provision of medical care, program care, or personal care services, in good faith, to the person<\/span> with a disability by (i) a mental health service provider as defined in § 54.1-2400.1<\/a>; (ii) an individual or entity with a valid, unrestricted state license, certification, or registration to serve persons<\/span> with disabilities; (iii) a person<\/span> from a peer support or similar group that does not charge service recipients a fee or impose any actual or implied financial requirement and who has actual knowledge about the requester’s disability; or (iv) a caregiver, reliable third party<\/span>, or government entity with actual knowledge of the requester’s disability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No person<\/span> listed in clauses (i) through (iv) of subsection E shall provide fraudulent supporting documentation to evince the existence of a disability or disability-related need for a person<\/span> requesting a reasonable accommodation pursuant to this section. A violation of this subsection constitutes a prohibited practice under the provisions of § 59.1-200<\/a> and shall be subject to the provisions of the Virginia Consumer Protection Act (§ 59.1-196<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHTS AND RESPONSIBILITIES WITH RESPECT TO THE USE OF AN ASSISTANCE ANIMAL IN A\nDWELLING (\u00a7 36-96.3:1)\n\nA. A person with a disability, or a person associated with such person, who\nmaintains an assistance animal in a dwelling shall comply with the rental\nagreement or any rules and regulations of the property owner applicable to all\nresidents that do not interfere with an equal opportunity to use and enjoy the\ndwelling and any common areas of the premises. Such person shall not be required\nto pay a pet fee or deposit or any additional rent to maintain an assistance\nanimal in a dwelling, but shall be responsible for any physical damages to the\ndwelling if residents who maintain pets are responsible for such damages in\naccordance with such documents or state law. Nothing herein shall be construed\nto affect any cause of action against any resident for other damages under the\nlaws of the Commonwealth.\n\nB. If a person’s disability is obvious or otherwise known to the person\nreceiving a request, or if the need for a requested accommodation is readily\napparent or known to the person receiving a request, the person receiving a\nrequest for reasonable accommodation may not request any additional verification\nabout the requester’s disability. If a person’s disability is\nreadily apparent or known to the person receiving the request but the\ndisability-related need is not readily apparent or known, the person receiving\nthe request may ask for additional verification to evaluate the\nrequester’s disability-related need.\n\nC. A person with a disability, or a person associated with such person, may\nsubmit a request for a reasonable accommodation to maintain an assistance animal\nin a dwelling. Subject to subsection B, the person receiving the request may ask\nthe requester to provide reliable documentation of the disability and the\ndisability-related need for an assistance animal, including documentation from\nany person with whom the person with a disability has or has had a therapeutic\nrelationship.\n\nD. Subject to subsection B, a person receiving a request for a reasonable\naccommodation to maintain an assistance animal in a dwelling shall evaluate the\nrequest and any reliable supporting documentation that verifies the disability\nand the disability-related need for the reasonable accommodation regarding an\nassistance animal.\n\nE. For purposes of this section, “therapeutic relationship” means\nthe provision of medical care, program care, or personal care services, in good\nfaith, to the person with a disability by (i) a mental health service provider\nas defined in § 54.1-2400.1; (ii) an individual or entity with a valid,\nunrestricted state license, certification, or registration to serve persons with\ndisabilities; (iii) a person from a peer support or similar group that does not\ncharge service recipients a fee or impose any actual or implied financial\nrequirement and who has actual knowledge about the requester’s disability;\nor (iv) a caregiver, reliable third party, or government entity with actual\nknowledge of the requester’s disability.\n\nF. No person listed in clauses (i) through (iv) of subsection E shall provide\nfraudulent supporting documentation to evince the existence of a disability or\ndisability-related need for a person requesting a reasonable accommodation\npursuant to this section. A violation of this subsection constitutes a\nprohibited practice under the provisions of § 59.1-200 and shall be subject\nto the provisions of the Virginia Consumer Protection Act (§ 59.1-196 et\nseq.).\n\nHISTORY: 2017, cc. 575, 729; 2023, c. 439.","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}}