                                 CODE OF VIRGINIA

UNLAWFUL DISCRIMINATORY HOUSING PRACTICES (§ 36-96.3)

A. It shall be an unlawful discriminatory housing practice for any person to:

   1. Refuse to sell or rent after the making of a bona fide offer or refuse to
   negotiate for the sale or rental of, or otherwise make unavailable or deny, a
   dwelling to any person because of race, color, religion, national origin, sex,
   elderliness, source of funds, familial status, sexual orientation, gender
   identity, or military status;

   2. Discriminate against any person in the terms, conditions, or privileges of
   sale or rental of a dwelling, or in the provision of services or facilities in
   the connection therewith to any person because of race, color, religion,
   national origin, sex, elderliness, source of funds, familial status, sexual
   orientation, gender identity, or military status;

   3. Make, print, or publish, or cause to be made, printed, or published any
   notice, statement, or advertisement, with respect to the sale or rental of a
   dwelling that indicates any preference, limitation, or discrimination or an
   intention to make any such preference, limitation, or discrimination on the
   basis of race, color, religion, national origin, sex, elderliness, familial
   status, source of funds, sexual orientation, gender identity, military status,
   or disability. The use of words or symbols associated with a particular
   religion, national origin, sex, or race shall be prima facie evidence of an
   illegal preference under this chapter that shall not be overcome by a general
   disclaimer. However, reference alone to places of worship, including churches,
   synagogues, temples, or mosques, in any such notice, statement, or
   advertisement shall not be prima facie evidence of an illegal preference;

   4. Represent to any person because of race, color, religion, national origin,
   sex, elderliness, familial status, source of funds, sexual orientation, gender
   identity, military status, or disability that any dwelling is not available
   for inspection, sale, or rental when such dwelling is in fact so available;

   5. Deny any person access to membership in or participation in any multiple
   listing service, real estate brokers&#8217; organization, or other service,
   organization, or facility relating to the business of selling or renting
   dwellings or discriminate against such person in the terms or conditions of
   such access, membership, or participation because of race, color, religion,
   national origin, sex, elderliness, familial status, source of funds, sexual
   orientation, gender identity, military status, or disability;

   6. Include in any transfer, sale, rental, or lease of housing any restrictive
   covenant that discriminates because of race, color, religion, national origin,
   sex, elderliness, familial status, source of funds, sexual orientation, gender
   identity, military status, or disability or for any person to honor or
   exercise, or attempt to honor or exercise, any such discriminatory covenant
   pertaining to housing;

   7. Induce or attempt to induce to sell or rent any dwelling by representations
   regarding the entry or prospective entry into the neighborhood of a person or
   persons of a particular race, color, religion, national origin, sex,
   elderliness, familial status, source of funds, sexual orientation, gender
   identity, military status, or disability;

   8. Refuse to sell or rent, or refuse to negotiate for the sale or rental of,
   or otherwise discriminate or make unavailable or deny a dwelling because of a
   disability of (i) the buyer or renter; (ii) a person residing in or intending
   to reside in that dwelling after it is so sold, rented, or made available; or
   (iii) any person associated with the buyer or renter; or

   9. Discriminate against any person in the terms, conditions, or privileges of
   sale or rental of a dwelling, or in the provision of services or facilities in
   connection therewith because of a disability of (i) that person; (ii) a person
   residing in or intending to reside in that dwelling after it was so sold,
   rented, or made available; or (iii) any person associated with that buyer or
   renter.

B. For the purposes of this section, discrimination includes (i) a refusal to
permit, at the expense of the disabled person, reasonable modifications of
existing premises occupied or to be occupied by any person if such modifications
may be necessary to afford such person full enjoyment of the premises; except
that, in the case of a rental, the landlord may, where it is reasonable to do
so, condition permission for a modification on the renter&#8217;s agreeing to
restore the interior of the premises to the condition that existed before the
modification, reasonable wear and tear excepted; (ii) a refusal to make
reasonable accommodations in rules, practices, policies, or services when such
accommodations may be necessary to afford such person equal opportunity to use
and enjoy a dwelling; or (iii) in connection with the design and construction of
covered multi-family dwellings for first occupancy after March 13, 1991, a
failure to design and construct dwellings in such a manner that:

   1. The public use and common use areas of the dwellings are readily accessible
   to and usable by disabled persons;

   2. All the doors designed to allow passage into and within all premises are
   sufficiently wide to allow passage by disabled persons in wheelchairs; and

   3. All premises within covered multi-family dwelling units contain an
   accessible route into and through the dwelling; light switches, electrical
   outlets, thermostats, and other environmental controls are in accessible
   locations; there are reinforcements in the bathroom walls to allow later
   installation of grab bars; and there are usable kitchens and bathrooms such
   that an individual in a wheelchair can maneuver about the space. As used in
   this subdivision, the term &#8220;covered multi-family dwellings&#8221; means
   buildings consisting of four or more units if such buildings have one or more
   elevators and ground floor units in other buildings consisting of four or more
   units.

C. It shall be an unlawful discriminatory housing practice for any political
jurisdiction or its employees or appointed commissions to discriminate in the
application of local land use ordinances or guidelines, or in the permitting of
housing developments, (i) on the basis of race, color, religion, national
origin, sex, elderliness, familial status, source of funds, sexual orientation,
gender identity, military status, or disability; (ii) because the housing
development contains or is expected to contain affordable housing units occupied
or intended for occupancy by families or individuals with incomes at or below 80
percent of the median income of the area where the housing development is
located or is proposed to be located; or (iii) by prohibiting or imposing
conditions upon the rental or sale of dwelling units, provided that the
provisions of this subsection shall not be construed to prohibit ordinances
related to short-term rentals as defined in &#xA7; 15.2-983. It shall not be a
violation of this chapter if land use decisions or decisions relating to the
permitting of housing developments are based upon considerations of limiting
high concentrations of affordable housing.

D. Compliance with the appropriate requirements of the American National
Standards for Building and Facilities (commonly cited as &#8220;ANSI
A117.1&#8243;) or with any other standards adopted as part of regulations
promulgated by HUD providing accessibility and usability for physically disabled
people shall be deemed to satisfy the requirements of subdivision B 3.

E. Nothing in this chapter shall be construed to invalidate or limit any
Virginia law or regulation that requires dwellings to be designed and
constructed in a manner that affords disabled persons greater access than is
required by this chapter.

HISTORY: 1972, c. 591, § 36-88; 1973, c. 358; 1978, c. 138; 1984, c. 685; 1985,
c. 344; 1989, c. 88; 1991, c. 557; 1992, c. 322; 1996, c. 327; 2020, cc. 477,
1137, 1140; 2021, Sp. Sess. I, cc. 267, 477, 478.