“Does Virginia still follow the disparate impact doctrine under Fair Housing Law?”
July 24, 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: “I have heard that an executive order was issued directing HUD to no longer enforce the disparate impact doctrine with respect to Fair Housing. Do we still need to be concerned with abiding by the standards of the disparate impact doctrine here in Virginia?”
A: Yes, the disparate impact doctrine with respect to Fair Housing law is still enforced in Virginia. While an executive order was issued directing HUD to no longer enforce the disparate impact doctrine at the federal level, Virginia has its own Fair Housing law which includes the enforcement of the disparate impact doctrine. There has been no indication that Virginia plans to suspend enforcement of the disparate impact doctrine. As such, the disparate impact doctrine is still fully enforceable in Virginia.
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