Are Landlords in Virginia Banned from Source of Income Discrimination?

If you’re a renter in Virginia using vouchers, disability payments, or any legal source of income, you might wonder about your rights. Can a landlord refuse to rent to you because of where your income comes from? Here’s what you need to know about source of income discrimination in Virginia, with current laws, protections, and practical steps you can take if you believe your rights have been violated.

What Is Source of Income Discrimination?

Source of income discrimination happens when a landlord refuses to rent, renew a lease, or otherwise treats an applicant differently because of how they legally pay for housing. Common income sources affected include:

• Housing Choice Vouchers (Section 8)
• Social Security or disability payments
• Veterans’ benefits
• Alimony or child support
• Other lawful sources of verifiable income

Current Law: Is It Banned in Virginia?

Yes. As of July 1, 2020, Virginia law prohibits discrimination against renters because of their "source of funds." This protection is part of Virginia’s Fair Housing Law. Landlords cannot refuse to rent, renew, or otherwise treat you differently solely because you use vouchers or other lawful income sources¹.

Are There Any Exceptions?

Some exceptions apply. For example, owners of 4 or fewer rental properties may be exempt from the “source of funds” requirement. There are also particular rules for owner-occupied units or shared housing. For full details, see the Virginia Fair Housing Board's official guidance.

How Do I Know If I’ve Experienced Discrimination?

Common examples include:

• A landlord refusing your rental application only after learning you’ll pay with a voucher.
• Advertisements that say “No Section 8.”
• Denying you for needing to use disability income.

If this happens, document the details, save emails or texts, and consider filing a formal complaint.

Filing a Fair Housing Complaint in Virginia

If you believe you have faced source of income discrimination, you can file a complaint with the Virginia Fair Housing Board or the Virginia Real Estate Board. These agencies enforce the state's fair housing laws and investigate complaints.

Relevant Forms and How to Use Them

• Virginia Fair Housing Complaint Form (PDF download)
  • When to use: If you are a renter who believes a landlord or property manager has treated you unfairly because of your income source.
  • Example: If a landlord refuses your application after learning you will use a Housing Choice Voucher.
  • How to use: Complete the form with details of what happened, then submit it by mail, email, or fax to the Virginia Fair Housing Board as provided on the form.
• Online Complaint Portal (DPOR Official Portal)
  • When to use: To file directly online if you prefer not to use the paper form.
  • Example: If you see an apartment advertised as "No Section 8" and are denied based on your voucher.
  • How to use: Go to the portal, enter your information, and submit your complaint digitally.

Tip: It’s important to file a complaint as soon as possible. There are time limits, so do not delay if you believe your rights have been violated.

Who Handles Tenant-Landlord Disputes in Virginia?

In Virginia, the Virginia Fair Housing Board (a division of the Department of Professional and Occupational Regulation) oversees fair housing issues and complaints for renters. General landlord-tenant disputes are also handled in Virginia General District Courts under the Virginia Residential Landlord and Tenant Act².

Your Rights Under Virginia Law

Virginia tenants are protected under several laws:

• Virginia Fair Housing Law – Bars discrimination based on source of funds.
• Virginia Residential Landlord and Tenant Act – Covers general renter and landlord rights and responsibilities.

If you have questions or suspect discrimination, helpful government agencies can guide you through your rights and complaint process.

Frequently Asked Questions

1. What types of income are protected under Virginia's fair housing laws?
   Any lawful source of funds, including Housing Choice Vouchers (Section 8), Social Security, child support, and other government benefits.
2. Are all landlords in Virginia required to accept vouchers?
   Most are, but there are exceptions for small landlords (with four or fewer properties) and specific types of owner-occupied housing.
3. How do I submit a complaint if I believe I've been discriminated against?
   Fill out the Virginia Fair Housing Complaint Form or use the online portal on the Virginia DPOR website. File promptly as there are strict time limits.
4. Is my landlord allowed to ask for more information about my income source?
   Landlords can require income verification but cannot reject you just for using government assistance or other lawful income sources.

Key Takeaways for Virginia Renters

• Discrimination based on lawful source of income is illegal in most rental situations in Virginia.
• If you face discrimination, you can file a formal complaint with the Virginia Fair Housing Board.
• Know your rights under both the Fair Housing Law and the Residential Landlord and Tenant Act—for most issues, prompt action is key.

Need Help? Resources for Renters in Virginia

• Virginia Fair Housing Board – Main agency for Fair Housing complaints and education.
• Virginia Fair Housing Board Contact Page – Get help or ask questions about your rights.
• Virginia Residential Landlord and Tenant Act – Read the full legislation.
• File a Fair Housing Complaint Online – Direct online submission portal.
• Virginia General District Courts – Learn how rental disputes are handled or find court information.

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1. Virginia Fair Housing Law, §36-96.3 – Prohibited Discriminatory Housing Practices
2. Virginia Residential Landlord and Tenant Act, Chapter 12 – Official Statute

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