36-96.3 - Unlawful discriminatory housing practices.
§ 36-96.3. Unlawful discriminatory housing practices.
A. It shall be an unlawful discriminatory housing practice for any person:
1. To refuse to sell or rent after the making of a bona fide offer or torefuse to negotiate for the sale or rental of, or otherwise make unavailableor deny, a dwelling to any person because of race, color, religion, nationalorigin, sex, elderliness, or familial status;
2. To discriminate against any person in the terms, conditions, or privilegesof sale or rental of a dwelling, or in the provision of services orfacilities in the connection therewith to any person because of race, color,religion, national origin, sex, elderliness, or familial status;
3. To make, print, or publish, or cause to be made, printed, or published anynotice, statement, or advertisement, with respect to the sale or rental of adwelling that indicates any preference, limitation, or discrimination or anintention to make any such preference, limitation or discrimination based onrace, color, religion, national origin, sex, elderliness, familial status, orhandicap. The use of words or symbols associated with a particular religion,national origin, sex, or race shall be prima facie evidence of an illegalpreference under this chapter which shall not be overcome by a generaldisclaimer. However, reference alone to places of worship including, but notlimited to, churches, synagogues, temples, or mosques in any such notice,statement or advertisement shall not be prima facie evidence of an illegalpreference;
4. To represent to any person because of race, color, religion, nationalorigin, sex, elderliness, familial status, or handicap that any dwelling isnot available for inspection, sale, or rental when such dwelling is in factso available;
5. To deny any person access to membership in or participation in anymultiple listing service, real estate brokers' organization, or otherservice, organization or facility relating to the business of selling orrenting dwellings, or to discriminate against such person in the terms orconditions of such access, membership, or participation because of race,color, religion, national origin, sex, elderliness, familial status, orhandicap;
6. To include in any transfer, sale, rental, or lease of housing, anyrestrictive covenant that discriminates because of race, color, religion,national origin, sex, elderliness, familial status, or handicap or for anyperson to honor or exercise, or attempt to honor or exercise any suchdiscriminatory covenant pertaining to housing;
7. To induce or attempt to induce to sell or rent any dwelling byrepresentations regarding the entry or prospective entry into theneighborhood of a person or persons of a particular race, color, religion,national origin, sex, elderliness, familial status, or handicap;
8. To refuse to sell or rent, or refuse to negotiate for the sale or rentalof, or otherwise discriminate or make unavailable or deny a dwelling becauseof a handicap of (i) the buyer or renter, (ii) a person residing in orintending to reside in that dwelling after it is so sold, rented or madeavailable, or (iii) any person associated with the buyer or renter;
9. To discriminate against any person in the terms, conditions, or privilegesof sale or rental of a dwelling, or in the provision of services orfacilities in connection therewith because of a handicap of (i) that person,(ii) a person residing in or intending to reside in that dwelling after itwas so sold, rented or made available, or (iii) any person associated withthat buyer or renter.
B. For the purposes of this section, discrimination includes: (i) a refusalto permit, at the expense of the handicapped person, reasonable modificationsof existing premises occupied or to be occupied by any person if suchmodifications may be necessary to afford such person full enjoyment of thepremises; except that, in the case of a rental, the landlord may, where it isreasonable to do so, condition permission for a modification on the renter'sagreeing to restore the interior of the premises to the condition thatexisted before the modification, reasonable wear and tear excepted; (ii) arefusal to make reasonable accommodations in rules, practices, policies, orservices when such accommodations may be necessary to afford such personequal opportunity to use and enjoy a dwelling; or (iii) in connection withthe design and construction of covered multi-family dwellings for firstoccupancy after March 13, 1991, a failure to design and construct dwellingsin such a manner that:
1. The public use and common use areas of the dwellings are readilyaccessible to and usable by handicapped persons;
2. All the doors designed to allow passage into and within all premises aresufficiently wide to allow passage by handicapped persons in wheelchairs; and
3. All premises within covered multi-family dwelling units contain anaccessible route into and through the dwelling; light switches, electricaloutlets, thermostats, and other environmental controls are in accessiblelocations; there are reinforcements in the bathroom walls to allow laterinstallation of grab bars; and there are usable kitchens and bathrooms suchthat an individual in a wheelchair can maneuver about the space. As used inthis subdivision the term "covered multi-family dwellings" means buildingsconsisting of four or more units if such buildings have one or more elevatorsand ground floor units in other buildings consisting of four or more units.
C. Compliance with the appropriate requirements of the American NationalStandards for Building and Facilities (commonly cited as "ANSI A117.1") orwith any other standards adopted as part of regulations promulgated by HUDproviding accessibility and usability for physically handicapped people shallbe deemed to satisfy the requirements of subdivision B 3.
D. Nothing in this chapter shall be construed to invalidate or limit anyVirginia law or regulation which requires dwellings to be designed andconstructed in a manner that affords handicapped persons greater access thanis required by this chapter.
(1972, c. 591, § 36-88; 1973, c. 358; 1978, c. 138; 1984, c. 685; 1985, c.344; 1989, c. 88; 1991, c. 557; 1992, c. 322; 1996, c. 327.)