                                 CODE OF VIRGINIA

FAMILIAL STATUS PROTECTION NOT APPLICABLE TO HOUSING FOR OLDER PERSONS (§
36-96.7)

A. Nothing in this chapter regarding unlawful discrimination because of familial
status shall apply to housing for older persons. As used in this section,
&#8220;housing for older persons&#8221; means housing: (i) provided under any
state or federal program that is specifically designed and operated to assist
elderly persons, as defined in the state or federal program; or (ii) intended
for, and solely occupied by, persons sixty-two years of age or older; or (iii)
intended for, and solely occupied by, at least one person fifty-five years of
age or older per unit. The following criteria shall be met in determining
whether housing qualifies as housing for older persons under clause (iii) of
this subsection:

   1. At least eighty percent of the occupied units are occupied by at least one
   person fifty-five years of age or older per unit; and

   2. The publication of, and adherence to, policies and procedures which
   demonstrate an intent by the owner or manager to provide housing for persons
   fifty-five years of age or older.

B. Housing shall not fail to meet the requirements for housing for older persons
by reason of:

   1. Persons residing in such housing as of September 13, 1988, who do not meet
   the age requirements of clauses (ii) and (iii) of subsection A, provided that
   new occupants of such housing meet the age requirements of those clauses; or

   2. Unoccupied units, provided that such units are reserved for occupancy by
   persons who meet the provisions of clauses (ii) and (iii) of subsection A.

HISTORY: 1991, c. 557; 1992, c. 322; 2000, c. 30.