Virginia Fair Housing Guide for the Real Estate Exam

# Virginia Fair Housing Guide for the Real Estate Exam

Fair housing law is tested on both sections of the Virginia PSI exam. Virginia has both a large military population and significant suburban density — contexts where fair housing issues arise regularly in practice.

Federal Fair Housing Act (1968)

The federal Fair Housing Act prohibits discrimination in housing based on seven protected classes:

1. Race
2. Color
3. National origin
4. Religion
5. Sex
6. Familial status (families with children under 18, pregnant women)
7. Disability

The Act covers all aspects of residential housing: sales, rentals, advertising, mortgage lending, appraisal, and the conditions of any housing transaction.

Prohibited Practices

Steering: Guiding buyers or renters toward or away from neighborhoods based on their protected class. Even implying that a neighborhood might be "more comfortable" for someone of a particular background is illegal steering.

Blockbusting: Inducing panic selling by suggesting that a protected class is moving in and will reduce property values. Illegal and grounds for license revocation.

Redlining: Denying financial services (mortgages, insurance) based on the racial or ethnic composition of a geographic area.

Discriminatory advertising: Any advertisement that expresses a preference for or limitation against a protected class. This includes coded language and images.

Discriminatory lending: Charging different rates or terms based on a borrower's protected class. The Equal Credit Opportunity Act (ECOA) adds protections in the lending context.

Virginia's Fair Housing Law

Virginia's Fair Housing Law (Virginia Code Title 36, Chapter 5.1) adds the following protected classes beyond the federal law:

• Elderliness (age 55 or older in certain housing contexts)
• Source of funds (including housing assistance vouchers like Section 8)
• Sexual orientation
• Gender identity
• Military status (significant given Virginia's large military community)

Virginia's protections are enforced by the Virginia Fair Housing Office within DPOR.

On the exam, expect questions that distinguish between federal-only classes and classes added by Virginia.

Military Status in Virginia

Given Virginia's substantial military population (with major installations in Hampton Roads, the DC suburbs, and elsewhere), military status protection is practically important. Landlords cannot refuse to rent to active-duty military members, veterans, or their families because of military status.

The Servicemembers Civil Relief Act (SCRA) is a separate federal law that allows active-duty military members to terminate leases early without penalty when deployed. Know this for the national section.

Disability Accommodations

Landlords must: - Allow reasonable modifications at the tenant's expense - Make reasonable accommodations in rules or policies - Ensure new multifamily construction meets accessibility design standards

A key rule: landlords cannot ask about the nature or severity of a disability — only whether the requested accommodation is connected to the disability.

Practice Scenario

A Virginia property manager receives an application from a family that receives Section 8 housing vouchers. The manager says the property does not accept "government money." Is this legal?

No. Source of funds is a protected class under Virginia's Fair Housing Law. Refusing to accept housing vouchers is a violation of Virginia state law, even if it might be permissible under federal law in some jurisdictions.