Va. Code » Title 36. Housing » Chapter 5.1. Virginia Fair Housing Law
Virginia Code

Va. Code Ann. § 36-96.3 (2026)

Unlawful discriminatory housing practices

✓ current as of May 2026
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A. It shall be an unlawful discriminatory housing practice for any person to:

1. Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, or military status;

2. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in the connection therewith to any person because of race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, or military status;

3. Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability. The use of words or symbols associated with a particular religion, national origin, sex, or race shall be prima facie evidence of an illegal preference under this chapter that shall not be overcome by a general disclaimer. However, reference alone to places of worship, including churches, synagogues, temples, or mosques, in any such notice, statement, or advertisement shall not be prima facie evidence of an illegal preference;

4. Represent to any person because of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available;

5. Deny any person access to membership in or participation in any multiple listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting dwellings or discriminate against such person in the terms or conditions of such access, membership, or participation because of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability;

6. Include in any transfer, sale, rental, or lease of housing any restrictive covenant that discriminates because of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability or for any person to honor or exercise, or attempt to honor or exercise, any such discriminatory covenant pertaining to housing;

7. Induce or attempt to induce to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability;

8. Refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise discriminate or make unavailable or deny a dwelling because of a disability of (i) the buyer or renter; (ii) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or (iii) any person associated with the buyer or renter; or

9. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a disability of (i) that person; (ii) a person residing in or intending to reside in that dwelling after it was so sold, rented, or made available; or (iii) any person associated with that buyer or renter.

B. For the purposes of this section, discrimination includes (i) a refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by any person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) a refusal to make reasonable accommodations in rules, practices, policies, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (iii) in connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that:

1. The public use and common use areas of the dwellings are readily accessible to and usable by disabled persons;

2. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by disabled persons in wheelchairs; and

3. All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. As used in this subdivision, the term "covered multi-family dwellings" means buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units.

C. It shall be an unlawful discriminatory housing practice for any political jurisdiction or its employees or appointed commissions to discriminate in the application of local land use ordinances or guidelines, or in the permitting of housing developments, (i) on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability; (ii) because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located; or (iii) by prohibiting or imposing conditions upon the rental or sale of dwelling units, provided that the provisions of this subsection shall not be construed to prohibit ordinances related to short-term rentals as defined in § 15.2-983. It shall not be a violation of this chapter if land use decisions or decisions relating to the permitting of housing developments are based upon considerations of limiting high concentrations of affordable housing.

D. Compliance with the appropriate requirements of the American National Standards for Building and Facilities (commonly cited as "ANSI A117.1") or with any other standards adopted as part of regulations promulgated by HUD providing accessibility and usability for physically disabled people shall be deemed to satisfy the requirements of subdivision B 3.

E. Nothing in this chapter shall be construed to invalidate or limit any Virginia law or regulation that requires dwellings to be designed and constructed in a manner that affords disabled persons greater access than is 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; 2020, cc. 477, 1137, 1140; 2021, Sp. Sess. I, cc. 267, 477, 478.

Notes of Decisions
Cited in 13 cases (4 in the last 5 years), 1996–2024 · leading case: Matarese v. Archstone Pentagon City, 795 F. Supp. 2d 402 (E.D. Va. 2011).
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Matarese v. Archstone Pentagon City, 795 F. Supp. 2d 402 (E.D. Va. 2011). · cites it 39× “3(B) (Counts V & VI); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); statements intended to coerce, intimidate, threaten, or interfere with Plaintiffs’ exercise of…”
Matarese v. Archstone Pentagon City, 761 F. Supp. 2d 346 (E.D. Va. 2011). · cites it 21× “Third, whether the Court should grant Defendants’ Motion for Summary Judgment on Plaintiffs’ claim that the individual Defendants made discriminatory statements with respect to the rental of a dwelling in violation of § 3604(c) of the FHA and section 36-96.3(A)(3) of the VFHL…”
de Reyes v. Waples Mobile Home Park Ltd. P'ship, 251 F. Supp. 3d 1006 (E.D. Va. 2017). · cites it 9× “(brought by all plaintiffs); • Count II: Violation of the Virginia Fair Housing Law (“VFHL”), Va. Code § 36-96.3 et seq. (brought by all plaintiffs); • Count III: Violation of the Virginia Manufactured Home Lot Rental Act (the “Rental Act”), Va.”
Hadeed v. Abraham, 265 F. Supp. 2d 614 (E.D. Va. 2003). · cites it 2× “§§ 3601-31 , and the Virginia Fair Housing Act, Va. Code Ann. § 36-96.3 . Specifically, Plaintiffs allege the Defendants refused to sell the property to them because of their gender and, in so doing, the Defendants engaged in prohibited sex discrimination.”
Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). · cites it 44× “[t]o discriminate against any person in the terms, conditions, or 15 privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a handicap of .”
Hughes v. Bransfield, 84 Va. Cir. 214 (Fairfax Cir. Ct. 2012). · cites it 7× “See Va. Code § 36-96.3(A)(8); § 36-96.3(B). In Samuelson v.”
Nationwide Mut. Ins. v. Hous. Opportunities Made Equal, Inc., 523 S.E.2d 217 (Va. 2000). ““ ‘Discriminatory housing practices’ means an act that is unlawful under §§ 36-96.3, 36-96.4, 36-96.5, or § 36-96.”
Payton v. Arias de Velasco Guallart (W.D. Va. 2022). · cites it 5× “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
Payton v. Arias de Velasco Guallart (W.D. Va. 2023). · cites it 5× “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
Woods v. Equity Residential (E.D. Va. 2023). · cites it 3× “Plaintiff also alleges a violation of Virginia Fair Housing Law ( Va. Code Ann. § 36-96.3 ) (“VFHL”) and Arlington County Human Rights Code (code § 31-3(A)(1)(b)).”
Allen v. Seventy-Seven Acres, 48 Va. Cir. 318 (Rockingham Cir. Ct. 1999). “Moreover, the definitional section of the Act (§ 36-96.3) lays out nine separate types of discriminatory practices which are barred.”
Lattimore v. Brahmbhatt (W.D. Va. 2024). · cites it 2× “See Va. Code Ann. § 36-96.3 (A)(1) (“It shall be an unlawful discriminatory housing practice for any person to .”
Show all 13 citing cases →
— Va. Code Ann. § 36-96.3(A) — 1 case
Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). “[t]o discriminate against any person in the terms, conditions, or 15 privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a handicap of .”
— Va. Code Ann. § 36-96.3(A)(1) — 2 cases
Payton v. Arias de Velasco Guallart (W.D. Va. 2022). “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
Payton v. Arias de Velasco Guallart (W.D. Va. 2023). “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
— Va. Code Ann. § 36-96.3(A)(2) — 2 cases
Payton v. Arias de Velasco Guallart (W.D. Va. 2022). “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
Payton v. Arias de Velasco Guallart (W.D. Va. 2023). “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
— Va. Code Ann. § 36-96.3(A)(3) — 4 cases
Matarese v. Archstone Pentagon City, 795 F. Supp. 2d 402 (E.D. Va. 2011). “3(B) (Counts V & VI); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); statements intended to coerce, intimidate, threaten, or interfere with Plaintiffs’ exercise of…”
Matarese v. Archstone Pentagon City, 761 F. Supp. 2d 346 (E.D. Va. 2011). “Third, whether the Court should grant Defendants’ Motion for Summary Judgment on Plaintiffs’ claim that the individual Defendants made discriminatory statements with respect to the rental of a dwelling in violation of § 3604(c) of the FHA and section 36-96.3(A)(3) of the VFHL…”
Payton v. Arias de Velasco Guallart (W.D. Va. 2022). “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
Payton v. Arias de Velasco Guallart (W.D. Va. 2023). “Under Count III, Plaintiffs argue the Defendants discriminated against them because of their familial status in violation of the VFHL, Va. Code Ann. § 36-96.3 (A). Compl. ¶¶ 110–13.”
— Va. Code Ann. § 36-96.3(A)(8) — 4 cases
Matarese v. Archstone Pentagon City, 795 F. Supp. 2d 402 (E.D. Va. 2011). “3(B) (Counts V & VI); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); statements intended to coerce, intimidate, threaten, or interfere with Plaintiffs’ exercise of…”
Matarese v. Archstone Pentagon City, 761 F. Supp. 2d 346 (E.D. Va. 2011). “Third, whether the Court should grant Defendants’ Motion for Summary Judgment on Plaintiffs’ claim that the individual Defendants made discriminatory statements with respect to the rental of a dwelling in violation of § 3604(c) of the FHA and section 36-96.3(A)(3) of the VFHL…”
Hughes v. Bransfield, 84 Va. Cir. 214 (Fairfax Cir. Ct. 2012). “See Va. Code § 36-96.3(A)(8); § 36-96.3(B). In Samuelson v.”
Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). “[t]o discriminate against any person in the terms, conditions, or 15 privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a handicap of .”
— Va. Code Ann. § 36-96.3(A)(9) — 3 cases
Matarese v. Archstone Pentagon City, 795 F. Supp. 2d 402 (E.D. Va. 2011). “3(B) (Counts V & VI); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); statements intended to coerce, intimidate, threaten, or interfere with Plaintiffs’ exercise of…”
Matarese v. Archstone Pentagon City, 761 F. Supp. 2d 346 (E.D. Va. 2011). “Third, whether the Court should grant Defendants’ Motion for Summary Judgment on Plaintiffs’ claim that the individual Defendants made discriminatory statements with respect to the rental of a dwelling in violation of § 3604(c) of the FHA and section 36-96.3(A)(3) of the VFHL…”
Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). “[t]o discriminate against any person in the terms, conditions, or 15 privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a handicap of .”
— Va. Code Ann. § 36-96.3(B) — 3 cases
Matarese v. Archstone Pentagon City, 761 F. Supp. 2d 346 (E.D. Va. 2011). “Third, whether the Court should grant Defendants’ Motion for Summary Judgment on Plaintiffs’ claim that the individual Defendants made discriminatory statements with respect to the rental of a dwelling in violation of § 3604(c) of the FHA and section 36-96.3(A)(3) of the VFHL…”
Matarese v. Archstone Pentagon City, 795 F. Supp. 2d 402 (E.D. Va. 2011). “3(B) (Counts V & VI); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); statements intended to coerce, intimidate, threaten, or interfere with Plaintiffs’ exercise of…”
Hughes v. Bransfield, 84 Va. Cir. 214 (Fairfax Cir. Ct. 2012). “See Va. Code § 36-96.3(A)(8); § 36-96.3(B). In Samuelson v.”
— Va. Code Ann. § 36-96.3(B)(i) — 1 case
Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). “[t]o discriminate against any person in the terms, conditions, or 15 privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a handicap of .”
— Va. Code Ann. § 36-96.3(B)(ii) — 1 case
Fishel v. Windsor Plaza Condo. Ass'n (Va. 2014). “[t]o discriminate against any person in the terms, conditions, or 15 privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith because of a handicap of .”
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