Source of Funds and Fair Housing, Revisited
September 28, 2023
The Virginia Code includes source of funds among the list of protected variables that may not be used by owners or property managers to discriminate against prospective tenants. This can be found in the Fair Housing section of the Virginia Code.
The provision dealing with source of funds discrimination in a landlord-tenant relationship is found in Virginia Code section 36-96.3. It says that, “It shall be an unlawful discriminatory housing practice for any person to: Refuse to sell or rent…a dwelling to any person because of…source of funds.” There are, of course, many other protected categories, such as race, religion, and familial status, among others.
While the language is straight forward, the Virginia Code also provides for an exception. It states, “Nothing in this chapter shall prohibit an owner or an owner’s managing agent from denying or limiting the rental or occupancy of a rental dwelling unit to a person because of such person’s source of funds, provided that such owner does not own more than four rental dwelling units in the commonwealth…”
In other words, if the owner of the property available to rent owns a total of four or fewer rental properties, the rule prohibiting source of funds discrimination does not apply. In this context, a person is considered an owner of a rental property when he or she owns 10 percent or more of the respective rental properties. The use of a property management company, no matter how large or small, has no bearing on whether source of funds discrimination is permitted. The law only looks to how many properties the owner owns, not how many properties the management company manages.
It is important to keep in mind that the law also states that the exception to source of funds discrimination applies to property owners who own four or fewer properties in the commonwealth. Therefore, properties owned out-of-state are not counted.
You might also like…
Auctions: Do You Need a Real Estate License?
By Santiago Montalvo - April 1, 2025
The answer is a resolute “Yes”. The real question is, “Which one?” Let’s first begin with Chapter 21, Real Estate Brokers, Sales Persons, and Rental Location Agents. This… Read More
“The CIC board says my client may only put a ‘For Sale’ sign in their window…”
By Ryan Leonard - March 31, 2025
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q:… Read More
“Can my landlord charge a second security deposit on a lease renewal?”
By Jon Haley - March 25, 2025
*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS® Legal Hotline. Our attorneys are unable to respond to questions through our comments section. Q:… Read More