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Fair Housing Guide — Virginia

Federal Fair Housing Act + Virginia protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race
42 U.S.C. § 3604 — no discrimination based on race or color of skin.
Color
Closely related to race; covers skin color distinctions within racial groups.
National Origin
Country of birth, ancestry, culture, or linguistic characteristics.
Religion
Cannot refuse housing or impose different terms based on religious beliefs or practices.
Sex
Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.
Disability
Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.
Familial Status
Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

Virginia Additional Protected Classes

Virginia law adds the following protections beyond the federal baseline:

  • Sexual orientation
  • Gender identity
  • Source of income (Alexandria, Arlington, Fairfax)
  • Elderliness (55+)

Source of Income / Housing Vouchers (Section 8)

Not a statewide protected class

Virginia does not have statewide source-of-income protection. However, some cities and counties in Virginia may have local ordinances that do protect it. Check your municipality.

Criminal History Screening

No State Restriction

Virginia has no specific law restricting criminal background screening beyond the federal Fair Housing Act (which prohibits using criminal history as a pretext for racial or national-origin discrimination). Apply criteria consistently to all applicants.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

  • Race or racial background
  • Religion or religious practices
  • National origin or ethnicity
  • Sex or gender (federal)
  • Disability or handicap status
  • Familial status (having children under 18, pregnancy)
  • Sexual orientation or gender identity
These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

  • Proof of income (pay stubs, bank statements, employer letters)
  • Employment status and employer contact
  • Rental history and references from prior landlords
  • Consent to run a credit check
  • Personal references
  • Number of occupants (to apply occupancy standards consistently)
  • Criminal background check
  • Income verification (typically 3x monthly rent)
  • Prior eviction history
Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

  • "Perfect for young professionals" (implies familial status preference)
  • "No children" or "adults only" (familial status — illegal unless 55+ senior housing)
  • "Christian household" or "religious community" (religion)
  • "No Section 8" (may be illegal in some local jurisdictions)
  • "Native English speakers preferred" (national origin)
  • Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

Virginia: VHRA (Virginia Human Rights Act) adds sexual orientation and gender identity statewide. Alexandria, Arlington, and Fairfax County have source-of-income protections locally. Virginia VHDA (Department of Housing) administers fair housing complaints.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.