{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-96.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-96.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-96.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-96.6.html"}],"law_id":78240,"edition_id":1,"section_id":78240,"structure_id":13498,"section_number":"36-96.6","catch_line":"Certain restrictive covenants void; instruments containing such covenants","history":"1972, c. 591, \u00a7 36-91; 1973, c. 358; 1986, c. 574; 1989, c. 88; 1991, c. 557; 1998, c. 873; 2012, cc. 476, 507; 2020, cc. 1137, 1140; 2021, Sp. Sess. I, cc. 477, 478.","full_text":"A\n\nAny restrictive covenant and any related reversionary interest, purporting to restrict occupancy or ownership of property on the basis of race, color, religion, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, are declared to be void and contrary to the public policy of the Commonwealth.B\n\nAny person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant or reversionary interest until the covenant or reversionary interest has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property.C\n\nNo person shall solicit or accept compensation of any kind for the release or removal of any covenant or reversionary interest described in subsection A. Any person violating this subsection shall be liable to any person injured thereby in an amount equal to the greater of three times the compensation solicited or received, or $500, plus reasonable attorney fees and costs incurred.D\n\nA family care home, foster home, or group home in which individuals with physical disabilities, mental illness, intellectual disability, or developmental disability reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single family when construing any restrictive covenant which purports to restrict occupancy or ownership of real or leasehold property to members of a single family or to residential use or structure.","order_by":null,"text":{"0":{"id":280439,"text":"Any restrictive covenant and any related reversionary interest, purporting to restrict occupancy or ownership of property on the basis of race, color, religion, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, are declared to be void and contrary to the public policy of the Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":280440,"text":"Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant or reversionary interest until the covenant or reversionary interest has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":280441,"text":"No person shall solicit or accept compensation of any kind for the release or removal of any covenant or reversionary interest described in subsection A. Any person violating this subsection shall be liable to any person injured thereby in an amount equal to the greater of three times the compensation solicited or received, or $500, plus reasonable attorney fees and costs incurred.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":280442,"text":"A family care home, foster home, or group home in which individuals with physical disabilities, mental illness, intellectual disability, or developmental disability reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single family when construing any restrictive covenant which purports to restrict occupancy or ownership of real or leasehold property to members of a single family or to residential use or structure.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-96.6\/","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 7 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 1986, chapter 574; in 1989, chapter 88; in 1991, chapter 557; in 1998, chapter 873<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2020, chapters 1137<\/a> and 1140<\/a>.<\/p>","references":[{"id":62921,"section_number":"36-96.1:1","catch_line":"Definitions","order_by":null,"url":"\/36-96.1_1\/"},{"id":58122,"section_number":"36-96.2","catch_line":"Exemptions","order_by":null,"url":"\/36-96.2\/"},{"id":86226,"section_number":"55.1-300","catch_line":"Form of a deed","order_by":null,"url":"\/55.1-300\/"},{"id":59550,"section_number":"55.1-300.1","catch_line":"Certificate of Release of Certain Prohibited Covenants","order_by":null,"url":"\/55.1-300.1\/"}],"refers_to":false,"permalink":{"id":209271,"object_type":"law","relational_id":78240,"identifier":"36-96.6","token":"36\/5.1\/36-96.6","url":"\/36-96.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-96.6\/","token":"36\/5.1\/36-96.6","dublin_core":{"Title":"Certain restrictive covenants void; instruments containing such covenants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-96.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any restrictive covenant<\/span> and any related reversionary interest, purporting to restrict occupancy or ownership of property on the basis of race, color, religion<\/span>, national origin, sex, elderliness<\/span>, familial status<\/span>, sexual orientation, gender identity, military status<\/span>, or disability, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, are declared to be void and contrary to the public policy of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant or reversionary interest until the covenant or reversionary interest has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract<\/span> to purchase, lease, mortgage, or otherwise deal with such property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No person<\/span> shall solicit or accept compensation of any kind for the release or removal of any covenant or reversionary interest described in subsection A. Any person<\/span> violating this subsection shall be liable to any person<\/span> injured thereby in an amount equal to the greater of three times the compensation solicited or received, or $500, plus reasonable attorney fees and costs incurred. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A family<\/span> care home, foster home, or group home in which individuals with physical disabilities, mental illness, intellectual disability, or developmental disability reside, with one or more resident counselors or other staff persons<\/span>, shall be considered for all purposes residential occupancy by a single family<\/span> when construing any restrictive covenant<\/span> which purports to restrict occupancy or ownership of real or leasehold property to members of a single family<\/span> or to residential use or structure. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN RESTRICTIVE COVENANTS VOID; INSTRUMENTS CONTAINING SUCH COVENANTS (\u00a7\n36-96.6)\n\nA. Any restrictive covenant and any related reversionary interest, purporting to\nrestrict occupancy or ownership of property on the basis of race, color,\nreligion, national origin, sex, elderliness, familial status, sexual\norientation, gender identity, military status, or disability, whether heretofore\nor hereafter included in an instrument affecting the title to real or leasehold\nproperty, are declared to be void and contrary to the public policy of the\nCommonwealth.\n\nB. Any person who is asked to accept a document affecting title to real or\nleasehold property may decline to accept the same if it includes such a covenant\nor reversionary interest until the covenant or reversionary interest has been\nremoved from the document. Refusal to accept delivery of an instrument for this\nreason shall not be deemed a breach of a contract to purchase, lease, mortgage,\nor otherwise deal with such property.\n\nC. No person shall solicit or accept compensation of any kind for the release or\nremoval of any covenant or reversionary interest described in subsection A. Any\nperson violating this subsection shall be liable to any person injured thereby\nin an amount equal to the greater of three times the compensation solicited or\nreceived, or $500, plus reasonable attorney fees and costs incurred.\n\nD. A family care home, foster home, or group home in which individuals with\nphysical disabilities, mental illness, intellectual disability, or developmental\ndisability reside, with one or more resident counselors or other staff persons,\nshall be considered for all purposes residential occupancy by a single family\nwhen construing any restrictive covenant which purports to restrict occupancy or\nownership of real or leasehold property to members of a single family or to\nresidential use or structure.\n\nHISTORY: 1972, c. 591, \u00a7 36-91; 1973, c. 358; 1986, c. 574; 1989, c. 88; 1991,\nc. 557; 1998, c. 873; 2012, cc. 476, 507; 2020, cc. 1137, 1140; 2021, Sp. Sess.\nI, 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}}