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Housing Discrimination / Fair Housing

Do you think illegal housing discrimination may have occurred?

You may not be denied or treated differently in the rental, sale, lending, or insuring of housing anywhere in Virginia on the basis of any of the following (called protected classes):

  • Race (any race)
  • Color (any color)
  • Religion (any religion or no religion)
  • National Origin (any nationality)
  • Sex (gender)
  • Disability (handicap) (see our guide to reasonable accomodations and modifications)
  • The presence of children under 18 in the family or for being pregnant (learn more)
  • Because you are fifty five or older

Some localities have added other protected classes to this list, such as source of income, marital status, or sexual orientation. If you believe you are having problems for one of these or other reasons, we'll help you find out whether what is occurring is unlawful.

What are the signs of possible discrimination?

Illegal housing discrimination can occur in many different ways. The following list gives a few examples of the kinds of things that can happen that may be against the law. If you think that any of the following actions may be occurring, or that you are being discriminated against in some other way on the basis of your membership in a protected class, please contact us immediately.

  • Someone is refusing to sell or rent on the basis of one of the characteristics listed above.
  • You think you are being offered different terms to buy or rent than the terms offered to others. For example, you may believe you are being charged more, or given access to fewer services.
  • You are being given only limited choices of places to live. For instance, you are shown houses in one neighborhood, or one part of a subdivision, or you are discouraged from looking in certain areas.
  • You think a house or apartment is really available, but you are being told that it isn't.
  • A housing provider indicates that providing sexual favors will get you a better deal; or creates a climate where you are afraid of being sexually harassed.
  • A lender refuses to give you a mortgage or charges you more because of your race, or because you are expecting a child, or because of the location of the house or because of any of the other characteristics listed above.
  • A homeowners' insurance company won't give you good insurance (or any insurance) because your house was built before a certain date, or has value below a certain minimum.
  • An insurance company won't sell insurance because of where the house is located.
  • The insurance company refuses coverage or wants to charge you more for insurance because of your credit score.
  • The rent or deposit cited is higher than advertised.
  • The manager says the unit has already been rented but the sign or ad is still posted.
  • Rules are enforced or repairs are performed for some tenants and not others.
  • Limiting the number of children in a complex or confining them to a specific location or floor.
  • Charging a higher deposit to people of different national origins.
  • Refusing to rent to a person using a wheelchair for fear a unit might be damaged.
  • Refusing to allow a person with a disability to reside with their service animal or charging you because you need that animal.
  • Refusing to rent to someone just because of their race or color or national origin.
  • Publishing advertisements which limit or deny housing due to a protected basis.
  • The rates or fees on a mortgage are different from what was originally stated or promised.
  • A homeowner’s or condo association instituting a policy of no one 18 or under.
  • If you have a disability,
    • You are asked about it when you are looking into housing (unless they need to know to make sure you qualify for a special program)
    • You are not allowed to make reasonable modifications if you need them in order to have full access (such as installing a ramp).
    • The housing provider refuses to make reasonable changes in policies or procedures to accommodate your disability, such as allowing you to have a service animal.
    • You want to rent a unit in a building that opened after 1991 and it's not accessible

There are also legitimate reasons to refuse to rent or sell a dwelling or make a loan, such as inadequate and stable income or poor credit history; or to refuse to sell you insurance, such as the condition of your house.

You don't need to know that illegal discrimination has occurred. If you think it has occurred, contact us if you live in Virginia.  We'll help you check it out, and we'll make sure you know your rights.

Conatact our Center for Housing Advocacy (Fair Housing) Staff:

Amy Nelson, Director of Systemic Investigations & Enforcement:  
anelson@phonehome.org, 804.354.0641 ext.121

Kate Agnelli, Coordinator of Systemic Investigations & Enforcement: 
kagnelli@phonehome.org, 804.354.0641 ext.140

Rachael Deane, Coordinator of Systemic Investigations & Enforcement: 
rdeane@phonehome.org, 804.354.0641 ext.119

 

Fair Housing Law
The Federal Fair Housing Act prohibits discrimination in the rental, sale, financing, insuring and zoning of housing due to race, color, religion, national origin, gender (sex), presence of children (familial status) and disability (handicap).  Virginia state law also protects due to elderliness (55 & older). 

The text of the Fair Housing Act can be accessed through the Legal Information Institute's web site or by going to fairhousing.com. 

VA Fair Housing Law
Renter's Rights: The VA Residential Landlord and Tenant Act

Counseling 
Fair Housing Specialists at Housing Opportunities Made Equal (HOME) are available to counsel both home seekers and housing providers on their rights and responsibilities under federal and state fair housing/civil rights laws. Individuals pursuing their rights are provided assistance when appropriate. 

HOME provides education and outreach services to industry representatives and consumers of the industry. These activities include the facilitation of workshops and trainings, production/distribution of publications, and networking with agencies and organizations across the state and nation.

HOME also investigates allegations of discrimination in housing. When you contact HOME with a complaint (allegation) of discrimination, we will interview you to gather the necessary information for our investigation. HOME will assist you in determining the best course of action. HOME does not have attorneys on staff. For legal advice, please consult an attorney.

Possible Remedies
Victims of discrimination may be compensated in several ways. They may be able to get the housing they wanted or similar housing may be made available or have their mortgage loan modified. In some cases, a payment can be made to reimburse for expenses caused by having to find other housing and for damages such as pain and distress. If you win a civil court lawsuit, the law may also allow you to receive punitive damages. Those found guilty of discrimination may be assigned penalties and given direction on how to change their way of doing business.

Volunteers
HOME needs a diverse group of dependable conscientious people 18 years and older to assist in gathering information about housing practices. Volunteers are provided training and a small stipend for their time and expenses depending on the task completed.  Contact: Kate Agnelli at kagnelli@phonehome.org or 804.354.0641 ext.140

Publications
See our publications on fair housing

For persons of Limited English Proficiency seeking translated materials, please contact HOME for more information or visit HUD's site.

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