Fair Housing Law
Prohibits The Following Practices:
1. To
refuse to sell or rent after the making of a bona fide offer or to 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, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community.
2. To
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, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community.
3. To 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
based on race, color, religion, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community. or status as a veteran of any
prospective client, customer, or of the residents of any community. 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 which shall not be
overcome by a general disclaimer;
4. To
represent to any person because of race, color, religion, sex or gender
identity, handicap, familial status, disability, national origin, income
source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community that any dwelling is not
available for inspection, sale, or rental when such dwelling is in fact so
available;
5. To deny
any person access to membership in or participation in any multiple
listing service, real estate brokers' organization, or other service,
organization or facility relating to the business of selling or renting
dwellings, or to 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, or
handicap;
6. To
include in any transfer, sale rental, or lease of housing, any restrictive
covenant that discriminates because of race, color, religion, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community. or for any person
to honor or exercise, or attempt to honor or exercise any such
discriminatory covenant pertaining to housing;
7. To
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, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community.
I. Virginia’s Fair
Housing regulations list additional actions that are prohibited. Some of
the actions that the regulations prohibit on the basis of race, color, religion, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community include:
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Mailing or delaying maintenance or
repairs of sales or rental dwellings;
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Limiting the use of privileges, services
or facilities associated with a dwelling;
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Discouraging the purchase or rental of a
dwelling or exaggerating drawbacks or failing to inform any person of
desirable features of a dwelling or a community, neighborhood, or
development;
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Communicating to any prospective
purchaser that they would not be comfortable or compatible with
existing residents of a community neighborhood or development;
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Assigning any person to a particular
section of a community neighborhood or development or to a particular
floor or section of a building;
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Denying or limiting services or
facilities in connection with the sale or rental of a dwelling,
because a person failed or refused to provide sexual favors.
II. Virginia’s Fair Housing Law
applies to property managers, owners, landlords, real estate agents,
banks, savings institutions, credit unions, insurance companies,
mortgage lenders and appraisers. If you’re working with a property
manager or real estate agent to buy a home or locate a rental or if
you’re trying to get a mortgage or homeowner’s insurance you cannot be
treated differently because of your the race, color, religion, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community.
III. Again
Virginia’s Fair Housing regulations list actions that are prohibited on
the basis of race, color, religion, sex or
gender identity, handicap, familial status, disability, national origin,
income source, age, sexual orientation or status as a veteran of any
prospective client, customer, or of the residents of any community. These include but are not limited to:
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Failing to accept, consider, negotiate,
process or accurately communicate a bona fide offer:
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Imposing different sales prices or
rental charges for the sale or rental of a dwelling upon person;
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Using different qualification criteria
or applications, or sales or rental standards or procedures, such as
income standards, application requirements, application fees, credit
analysis, or sales or rental approval procedures or other
requirements;
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Denying or delaying the processing of an
application made by a purchaser or renter or refusing to approve such
a person for occupancy in a cooperative or condominium;
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Employing codes or other devices to
segregate or reject applicants, purchasers, or renters, refusing to
take or to show listings of dwellings in certain areas because of
race, color, religion, sex, handicap, familial status, elderliness or
national origin or refusing to deal with certain brokers or agents
because they or one of their clients are of a particular race, color,
religion, sex, handicap, familial status, elderliness or national
origin;
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Indicating through words or conduct that
a dwelling, which is available for inspection, sale or rental, has
been sold or rented;
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Refusing to provide municipal services
or property or hazard insurance for dwellings or providing such
services differently;
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Threatening, intimidating or interfering
with persons in their enjoyment of a dwelling;
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Intimidating or threatening any person
because that person is engaged in activities designed to make other
persons aware of or encouraging such other persons to exercise rights
granted or protected by this part;
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Retaliating against any person because
that person has made a complaint, testified, assisted, or participated
in any manner in a proceeding under the fair housing law.
IV. Virginia’s Fair
Housing Law also applies to advertising. In this regard Virginia’s Fair
Housing regulations prohibit:
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Using words, phrases, photographs,
illustrations, symbols, or forms which convey that dwellings are
available or are not available to a particular group because of race,
color, religion, sex or gender identity, handicap, familial status,
disability, national origin, income source, age, sexual orientation
or status as a veteran of any prospective client, customer, or of
the residents of any community;
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Selective geographic advertisements.
Such selective use may involve the strategic placement of billboards;
brochure advertisements distributed within a limited geographic area
by hand or in the mail; advertising in particular geographic coverage
editions of major metropolitan newspapers or in newspapers of limited
circulation which are mainly advertising vehicles for reaching a
particular segment of the community; or displays or announcements
available only in selected sales offices;
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Selective use of human models when using
an advertising campaign. Selective advertising may involve an
advertising campaign using human models primarily in media that cater
to one racial or national origin segment of the population without a
complementary advertising campaign that is directed at other groups.
Another example may involve use of racially mixed models by a
developer to advertise one development and not others. Similar care
must be exercised in advertising in publications or other media
directed at one particular sex, or at persons without children. Such
selective advertising may involve the use of human models of members
of only one sex, or of adults only in displays, photographs, or
drawings to indicate preferences for one sex or the other, or for
adults to the exclusion of children.
If models are use in display advertising
campaigns, the models should be clearly definable as reasonably
representing majority and minority groups in the metropolitan area, both
sexes and when appropriate, families with children. Models, if used,
should portray persons in equal settings and indicate to the general
public that the housing is open to all without regard to race, color,
religion, sex, handicap, familial status, elderliness or national
origin;
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Publisher’s notice. All publishers
should publish at the beginning of the real estate advertising section
a notice such as that appearing in Table III, Appendix I, to Part 109,
24 CFR, Ch. 1 (4-1-89 edition). The notice may include a statement
regarding the coverage of any local fair housing or human rights
ordinance prohibiting discrimination in the sale, rental or financing
of dwellings.
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Office
of Fair Housing and Equal Opportunity
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