Virginia Code

Va. Code Ann. § 36-96.18 (2026)

Civil action; enforcement by private parties

✓ current as of May 2026

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A. An aggrieved person may commence a civil action in an appropriate United States district court or state court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice, or the breach of a conciliation agreement entered into under this chapter, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach.

B. An aggrieved person may commence a civil action under § 36-96.18 A no later than 180 days after the conclusion of the administrative process with respect to a complaint or charge, or not later than two years after the occurrence or the termination of an alleged discriminatory housing practice, whichever is later. This subsection shall not apply to actions arising from a breach of a conciliation agreement. An aggrieved person may commence a civil action under this section whether or not a complaint has been filed under § 36-96.9 and without regard to the status of any such complaint. If the Board or a federal agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this section by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.

C. In a civil action under subsection A, if the court or jury finds that a discriminatory housing practice has occurred or is about to occur, the court or jury may award to the plaintiff, as the prevailing party, compensatory and punitive damages, without limitation otherwise imposed by state law, and the court may award reasonable attorney's fees and costs, and subject to subsection D, may grant as relief, any permanent or temporary injunction, temporary restraining order, or other order, including an order enjoining the defendant from engaging in such practice or order such affirmative action as may be appropriate.

D. Relief granted under subsection C shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving bona fide purchasers, encumbrancer or tenant, without actual notice of the filing of a complaint with the Board or civil action under this chapter.

E. Upon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance. Upon intervention, the Attorney General may obtain such relief as would be available to the private party under subsection C.

1972, c. 591, § 36-94; 1973, c. 372; 1975, c. 566; 1984, c. 271; 1987, c. 167; 1991, c. 557; 1994, c. 814.

Notes of Decisions

Cited in 6 cases, 1993–2015 · leading case: REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015).

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REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). · cites it 4× “”); Code § 36-96.18(C) (if the court or jury finds a discriminatory housing practice has occurred, the court or jury may award damages to plaintiff and the court may award reasonable attorney's fees); Code § 38.”

Moseke v. Miller & Smith, Inc., 202 F. Supp. 2d 492 (E.D. Va. 2002). · cites it 3× “Va.Code § 36-96.18 likewise provides for a two-year statute of limitations.”

Nationwide Mut. Ins. v. Hous. Opportunities Made Equal, Inc., 523 S.E.2d 217 (Va. 2000). · cites it 6× “” Code § 36-96.18. HOME argues that “[tjhere can be no question that [it] is a fair housing organization and that it has claimed Nationwide’s discriminatory housing practices have injured it.”

Cauthorne v. King, 30 Va. Cir. 202 (Richmond County Cir. Ct. 1993). · cites it 5× “Va. Code Ann. § 36-96.18 (C) (Michie Supp.”

Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). · cites it 19× “16 The Fishels contend that the circuit court also erred in applying the statute of limitations in Code § 36-96.18 to their claims because they intervened in the Commonwealth’s action pursuant to Code § 36-96.”

Stinson v. Nemie, 39 Va. Cir. 85 (Portsmouth Cir. Ct. 1996). “1 of the Code of Virginia, 1950, as amended, and thus entitled to sue as provided for in § 36-96.18 of the Code of Virginia, 1950, as amended.”

— Va. Code Ann. § 36-96.18(A) — 2 cases

Nationwide Mut. Ins. v. Hous. Opportunities Made Equal, Inc., 523 S.E.2d 217 (Va. 2000). “” Code § 36-96.18. HOME argues that “[tjhere can be no question that [it] is a fair housing organization and that it has claimed Nationwide’s discriminatory housing practices have injured it.”

Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). “16 The Fishels contend that the circuit court also erred in applying the statute of limitations in Code § 36-96.18 to their claims because they intervened in the Commonwealth’s action pursuant to Code § 36-96.”

— Va. Code Ann. § 36-96.18(B) — 1 case

— Va. Code Ann. § 36-96.18(C) — 2 cases

REVI, LLC v. Chicago Title Ins. Co., 776 S.E.2d 808 (Va. 2015). “”); Code § 36-96.18(C) (if the court or jury finds a discriminatory housing practice has occurred, the court or jury may award damages to plaintiff and the court may award reasonable attorney's fees); Code § 38.”

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