As a landlord in Virginia, staying legally compliant also involves understanding the Fair Housing Act. This is essential because it impacts many facets of the landlord-tenant relationship.
You must also know how to advertise your vacant unit, screen prospective tenants, and respond to tenant issues, handle security deposits, among other things, without potential legal issues.
In this blog, we’ll cover all the basic tenets of the Fair Housing Act in Virginia.
What is the Fair Housing Act?
The Fair Housing Act (FHA) is part of the Civil Rights Act. It was passed into law by Congress on April 11th, 1968 after widespread clamor for fair housing all across the country.
The goal of the act was to ensure every American citizen is treated fairly and equally when it comes to housing.
This meant that landlords could no longer choose tenants based on certain protected classes, including race, color, sex, disability, and nationality.
That said, the fair housing laws don’t cover landlords only.
Fair housing requirements also cover real estate agents, property managers, owners, credit unions, banks, mortgage lenders, insurance companies, and savings institutions.
What Are the Protected Classes?
A protected class is a characteristic that an individual possesses that protects them from housing discrimination under the FHA.
The Fair Housing Act makes it illegal for landlords and other housing providers to discriminate based on 7 protected classes. The classes are race, color, disability, familial status, sex, religion, and nationality.
Virginia, just like some other states, has also passed legislation to add extra protections.
In addition to the 7 classes, residents of Virginia also enjoy protection from discrimination based on elderliness, source of funds, military status, gender identity, and sexual orientation.
According to the Virginia Fair Housing Board, fair housing laws apply to the following situations:
A tenant trying to rent a home.
A buyer trying to purchase a home.
When an individual is looking for mortgage financing.
When an individual is trying to obtain rental or homeowner’s insurance.
In the advertisement of vacant rentals.
What Are Examples of How Housing Discrimination Can Occur?
As a landlord, the following are some of the things you should avoid doing:
Deny an applicant the opportunity to rent your vacant home because of their race.
Run income verification on applicants who have darker complexions but not do the same for applicants with fair complexion, or vice versa.
Refuse to rent to someone because of their national origin. Regardless of someone’s nationality, that shouldn’t be your basis to accept or reject their application.
Prefer renting to one sex and not the other. This would be housing discrimination based on sex. The only exception here would be for shared living spaces.
Deny an elderly person a housing opportunity because they are age 55 or older. This would be unlawful as per FHA as elderliness is a protected class.
Deny an applicant a housing opportunity because they have children. Unless the facility is a senior or retirement home, that would be illegal.
What Does the Virginia Fair Housing Act Say About Disabled Tenants?
First off, denying disabled applicants a housing opportunity is illegal as per the Fair Housing Act.
Secondly, as a landlord, you have to provide disabled tenants with certain reasonable accommodations and modifications.
This is to ensure that they, too, have equal and fair access to housing and can live independently in their communities.
The following are examples of reasonable accommodations you may have to provide disabled tenants with:
Allowing service animals even when you have a “no pets” policy in your lease agreement.
Adjusting the rent payment schedule to match when the tenant receives their rent assistance.
Modifying the quiet hours to allow the disabled tenant to get the necessary medical equipment or assistance.
When it comes to reasonable modifications, the following are some of the changes you may have to make to the unit:
Widening doorways to accommodate the disabled tenant’s wheelchair.
Modifying the bathroom layout for easy access.
Installing grab bars in bathrooms.
Installing ramps for wheelchair access.
Adding braille markings to elevator buttons.
Installing audible or visual alarms.
Modifying pool areas to include wheelchair ramps or lifts.
Generally, the tenant should be responsible for the costs of the modifications. Your part as a landlord is to permit the changes as long as they are reasonable.
What Are the Exemptions to the Fair Housing Laws?
As a landlord, it’s important to note that a few exemptions exist which apply in specific circumstances. They are as follows:
A building with four or fewer units occupied by the owner as a primary residence. The exemption won’t hold if the units exceed four and one of the units isn't your primary residence.
A building operated by a religious organization or a private club. These are permitted to show preference to their members only.
A single-family home, where the owner doesn’t own more than three similar homes. In addition, the owner should be advertising the units themselves and not use brokers.
What Should Landlords Do to Stay Legally Compliant With the Fair Housing Laws?
Keep in mind the following tips when renting out your Virginia rental property:
Provide disabled tenants with reasonable accommodations.
Avoid showing preference or limitation in your rental ads.
Have objective and consistent criteria when screening prospective tenants.
Treat all potential tenants fairly and equally.
Hire a property management company to keep you legally compliant with Virginia rental laws.
Conclusion
Now that you have a basic concept of what the Fair Housing Act in Virginia entails, you know how to stay compliant.
If you have a question or need the services of a professional and reliable property manager, Abrams Realty can help!
We’re a full-service property management company that can save you the time, effort, and frustration that comes with landlording. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
