{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-96.3_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-96.3_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-96.3_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-96.3_2.html"}],"law_id":58480,"edition_id":1,"section_id":58480,"structure_id":13498,"section_number":"36-96.3:2","catch_line":"Reasonable accommodations; interactive process","history":"2017, cc. 575, 729; 2021, Sp. Sess. I, c. 17.","full_text":"A\n\nWhen a request for a reasonable accommodation establishes that such accommodation is necessary to afford a person with a disability, and who has a disability-related need, an equal opportunity to use and enjoy a dwelling and does not impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the request for the accommodation is reasonable and shall be granted.B\n\nWhen a person receives a request for accessible parking to accommodate a disability, the person receiving the request shall treat such request as a request for reasonable accommodation as provided by this chapter.C\n\nWhen a request for a reasonable accommodation may impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the person receiving the request shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester. An interactive process is not required when the requester does not have a disability and a disability-related need for the requested accommodation. As part of the interactive process, unless the reasonableness and necessity for the accommodation has been established by the requester, a request may be made for additional supporting documentation to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodations. If an alternative accommodation is identified that effectively meets the requester’s disability-related needs and is reasonable, the person receiving the reasonable accommodation request shall make the effective alternative accommodation. However, the requester shall not be required to accept an alternative accommodation if the requested accommodation is also reasonable. The various factors to be considered for determining whether an accommodation imposes an undue financial and administrative burden include (a) the cost of the requested accommodation, including any substantial increase in the cost of the owner’s insurance policy; (b) the financial resources of the person receiving the request; (c) the benefits that the accommodation would provide to the person with a disability; and (d) the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.D\n\nA request for a reasonable accommodation shall be determined on a case-by-case basis and may be denied if (i) the person on whose behalf the request for an accommodation was submitted is not disabled; (ii) there is no disability-related need for the accommodation; (iii) the accommodation imposes an undue financial and administrative burden on the person receiving the request; or (iv) the accommodation would fundamentally alter the nature of the operations of the person receiving the request. With respect to a request for reasonable accommodation to maintain an assistance animal in a dwelling, the requested assistance animal shall (a) work, provide assistance, or perform tasks or services for the benefit of the requester or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of such requester’s existing disability. In addition, as determined by the person receiving the request, the requested assistance animal shall not pose a clear and present threat of substantial harm to others or to the dwelling itself that is not solely based on breed, size, or type or cannot be reduced or eliminated by another reasonable accommodation.","order_by":null,"text":{"0":{"id":214336,"text":"When a request for a reasonable accommodation establishes that such accommodation is necessary to afford a person with a disability, and who has a disability-related need, an equal opportunity to use and enjoy a dwelling and does not impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the request for the accommodation is reasonable and shall be granted.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":214337,"text":"When a person receives a request for accessible parking to accommodate a disability, the person receiving the request shall treat such request as a request for reasonable accommodation as provided by this chapter.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":214338,"text":"When a request for a reasonable accommodation may impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the person receiving the request shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester. An interactive process is not required when the requester does not have a disability and a disability-related need for the requested accommodation. As part of the interactive process, unless the reasonableness and necessity for the accommodation has been established by the requester, a request may be made for additional supporting documentation to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodations. If an alternative accommodation is identified that effectively meets the requester’s disability-related needs and is reasonable, the person receiving the reasonable accommodation request shall make the effective alternative accommodation. However, the requester shall not be required to accept an alternative accommodation if the requested accommodation is also reasonable. The various factors to be considered for determining whether an accommodation imposes an undue financial and administrative burden include (a) the cost of the requested accommodation, including any substantial increase in the cost of the owner’s insurance policy; (b) the financial resources of the person receiving the request; (c) the benefits that the accommodation would provide to the person with a disability; and (d) the availability of alternative accommodations that would effectively meet the requester’s disability-related needs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":214339,"text":"A request for a reasonable accommodation shall be determined on a case-by-case basis and may be denied if (i) the person on whose behalf the request for an accommodation was submitted is not disabled; (ii) there is no disability-related need for the accommodation; (iii) the accommodation imposes an undue financial and administrative burden on the person receiving the request; or (iv) the accommodation would fundamentally alter the nature of the operations of the person receiving the request. With respect to a request for reasonable accommodation to maintain an assistance animal in a dwelling, the requested assistance animal shall (a) work, provide assistance, or perform tasks or services for the benefit of the requester or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of such requester’s existing disability. In addition, as determined by the person receiving the request, the requested assistance animal shall not pose a clear and present threat of substantial harm to others or to the dwelling itself that is not solely based on breed, size, or type or cannot be reduced or eliminated by another reasonable accommodation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-96.3:2\/","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.<\/p>","references":false,"refers_to":false,"permalink":{"id":209259,"object_type":"law","relational_id":58480,"identifier":"36-96.3:2","token":"36\/5.1\/36-96.3_2","url":"\/36-96.3_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-96.3_2\/","token":"36\/5.1\/36-96.3_2","dublin_core":{"Title":"Reasonable accommodations; interactive process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-96.3:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a request for a reasonable accommodation establishes that such accommodation is necessary to afford a person<\/span> with a disability, and who has a disability-related need, an equal opportunity to use and enjoy a dwelling<\/span> and does not impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person<\/span> receiving the request, the request for the accommodation is reasonable and shall be granted. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a person<\/span> receives a request for accessible parking to accommodate a disability, the person<\/span> receiving the request shall treat such request as a request for reasonable accommodation as provided by this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a request for a reasonable accommodation may impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person<\/span> receiving the request, the person<\/span> receiving the request shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester. An interactive process is not required when the requester does not have a disability and a disability-related need for the requested accommodation. As part of the interactive process, unless the reasonableness and necessity for the accommodation has been established by the requester, a request may be made for additional supporting documentation to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodations. If an alternative accommodation is identified that effectively meets the requester’s disability-related needs and is reasonable, the person<\/span> receiving the reasonable accommodation request shall make the effective alternative accommodation. However, the requester shall not be required to accept an alternative accommodation if the requested accommodation is also reasonable. The various factors to be considered for determining whether an accommodation imposes an undue financial and administrative burden include (a) the cost of the requested accommodation, including any substantial increase in the cost of the owner’s insurance policy; (b) the financial resources of the person<\/span> receiving the request; (c) the benefits that the accommodation would provide to the person<\/span> with a disability; and (d) the availability of alternative accommodations that would effectively meet the requester’s disability-related needs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A request for a reasonable accommodation shall be determined on a case-by-case basis and may be denied if (i) the person<\/span> on whose behalf the request for an accommodation was submitted is not disabled; (ii) there is no disability-related need for the accommodation; (iii) the accommodation imposes an undue financial and administrative burden on the person<\/span> receiving the request; or (iv) the accommodation would fundamentally alter the nature of the operations of the person<\/span> receiving the request. With respect to a request for reasonable accommodation to maintain an assistance animal<\/span> in a dwelling<\/span>, the requested assistance animal<\/span> shall (a) work, provide assistance, or perform tasks or services for the benefit of the requester or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of such requester’s existing disability. In addition, as determined by the person<\/span> receiving the request, the requested assistance animal<\/span> shall not pose a clear and present threat of substantial harm to others or to the dwelling<\/span> itself that is not solely based on breed, size, or type or cannot be reduced or eliminated by another reasonable accommodation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREASONABLE ACCOMMODATIONS; INTERACTIVE PROCESS (\u00a7 36-96.3:2)\n\nA. When a request for a reasonable accommodation establishes that such\naccommodation is necessary to afford a person with a disability, and who has a\ndisability-related need, an equal opportunity to use and enjoy a dwelling and\ndoes not impose either (i) an undue financial and administrative burden or (ii)\na fundamental alteration to the nature of the operations of the person receiving\nthe request, the request for the accommodation is reasonable and shall be\ngranted.\n\nB. When a person receives a request for accessible parking to accommodate a\ndisability, the person receiving the request shall treat such request as a\nrequest for reasonable accommodation as provided by this chapter.\n\nC. When a request for a reasonable accommodation may impose either (i) an undue\nfinancial and administrative burden or (ii) a fundamental alteration to the\nnature of the operations of the person receiving the request, the person\nreceiving the request shall offer to engage in a good-faith interactive process\nto determine if there is an alternative accommodation that would effectively\naddress the disability-related needs of the requester. An interactive process is\nnot required when the requester does not have a disability and a\ndisability-related need for the requested accommodation. As part of the\ninteractive process, unless the reasonableness and necessity for the\naccommodation has been established by the requester, a request may be made for\nadditional supporting documentation to evaluate the reasonableness of either the\nrequested accommodation or any identified alternative accommodations. If an\nalternative accommodation is identified that effectively meets the\nrequester’s disability-related needs and is reasonable, the person\nreceiving the reasonable accommodation request shall make the effective\nalternative accommodation. However, the requester shall not be required to\naccept an alternative accommodation if the requested accommodation is also\nreasonable. The various factors to be considered for determining whether an\naccommodation imposes an undue financial and administrative burden include (a)\nthe cost of the requested accommodation, including any substantial increase in\nthe cost of the owner’s insurance policy; (b) the financial resources of\nthe person receiving the request; (c) the benefits that the accommodation would\nprovide to the person with a disability; and (d) the availability of alternative\naccommodations that would effectively meet the requester’s\ndisability-related needs.\n\nD. A request for a reasonable accommodation shall be determined on a\ncase-by-case basis and may be denied if (i) the person on whose behalf the\nrequest for an accommodation was submitted is not disabled; (ii) there is no\ndisability-related need for the accommodation; (iii) the accommodation imposes\nan undue financial and administrative burden on the person receiving the\nrequest; or (iv) the accommodation would fundamentally alter the nature of the\noperations of the person receiving the request. With respect to a request for\nreasonable accommodation to maintain an assistance animal in a dwelling, the\nrequested assistance animal shall (a) work, provide assistance, or perform tasks\nor services for the benefit of the requester or (b) provide emotional support\nthat alleviates one or more of the identified symptoms or effects of such\nrequester’s existing disability. In addition, as determined by the person\nreceiving the request, the requested assistance animal shall not pose a clear\nand present threat of substantial harm to others or to the dwelling itself that\nis not solely based on breed, size, or type or cannot be reduced or eliminated\nby another reasonable accommodation.\n\nHISTORY: 2017, cc. 575, 729; 2021, Sp. Sess. I, c. 17.","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}}