                                 CODE OF VIRGINIA

EXEMPTIONS (§ 36-96.2)

A. Except as provided in subdivision A 3 of &#xA7; 36-96.3 and subsections A, B,
and C of &#xA7; 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. Except for subdivision A 3 of &#xA7; 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. 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.

D. 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.

E. 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.

F. 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.

G. 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&#8217;s intended
occupants.

H. Nothing in this chapter shall prohibit a landlord from considering evidence
of an applicant&#8217;s status as a victim of family abuse, as defined in &#xA7;
16.1-228, to mitigate any adverse effect of an otherwise qualified
applicant&#8217;s application pursuant to subsection D of &#xA7; 55.1-1203.

I. Nothing in this chapter shall prohibit an owner or an owner&#8217;s managing
agent from denying or limiting the rental or occupancy of a rental dwelling unit
to a person because of such person&#8217;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. It shall not be unlawful under this chapter for an owner or an owner&#8217;s
managing agent to deny or limit a person&#8217;s rental or occupancy of a rental
dwelling unit based on the person&#8217;s source of funds for that unit if such
source is not approved within 15 days of the person&#8217;s submission of the
request for tenancy approval.

HISTORY: 1972, c. 591, §§ 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.