Illegal Rental Advertisement Language in Virginia

Looking for a home in Virginia should be a fair and open process. However, some rental advertisements use language that discriminates against certain groups, which is illegal under both federal and Virginia state law. Understanding your rights as a renter helps ensure that you are not excluded or treated unfairly during your housing search.

Understanding Illegal Language in Virginia Rental Ads

Both the federal Fair Housing Act and the Virginia Fair Housing Law protect renters from discrimination based on certain characteristics. Rental ads that contain wording showing preference, limitation, or discrimination based on these characteristics are considered illegal.

Protected Classes in Virginia

Virginia law forbids discrimination in housing based on:

• Race
• Color
• Religion
• National origin
• Sex
• Elderliness (age 55+)
• Familial status (such as having children)
• Disability
• Source of funds (such as housing vouchers, as of July 1, 2020)
• Military status
• Gender identity and sexual orientation (as of July 1, 2020)

Ads that mention or imply a preference related to any of these categories are likely illegal.

Examples of Illegal and Legal Ad Language

Here are some examples to help you spot the difference:

• Illegal:
  • "No children" or "Singles only"
  • "Christian tenants preferred"
  • "No Section 8"
  • "Must be employed" (if it excludes sources of income like disability or housing vouchers)
  • "No wheelchairs"
• Legal:
  • "No smoking"
  • "No pets" (except for service animals, which cannot be refused)
  • Describing features of the property (e.g., "second-floor walkup")

How to Respond to Discriminatory Rental Ads in Virginia

If you see a rental advertisement that uses illegal language or feel you have been discriminated against, you have the right to take action. Virginia has a process to investigate and resolve housing discrimination claims.

Filing a Complaint with the Virginia Fair Housing Office

The Virginia Fair Housing Office, part of the Department of Professional and Occupational Regulation (DPOR), handles all residential fair housing complaints in the state.

• Complaints must generally be filed within one year of the alleged discrimination.
• You do not need a lawyer to file a complaint.

Relevant Official Form: Virginia Fair Housing Complaint Form

• Form Name: Fair Housing Complaint Intake Form
• When to Use: If you believe a rental ad has illegally discriminated against you, complete and submit this form to start the investigation process.
• Where to Find: Download the Virginia Fair Housing Complaint Intake Form (PDF)

How to File the Fair Housing Complaint Form

• Complete the Intake Form with details about the ad and the discriminatory language you saw.
• Submit the complaint by mail, email, or fax to the Virginia Fair Housing Office (details are listed on the form).
• An investigator from the Fair Housing Office will contact you to discuss the next steps.

The official tribunal handling housing cases is the Virginia Fair Housing Board.

FAQ: Virginia Rental Advertisement Language and Your Rights

1. Can a landlord advertise for “adults only” or “no kids” in Virginia?
   No. Advertising “adults only” or “no kids” is illegal in Virginia as it discriminates based on familial status.
2. Is it legal for ads to say “no Section 8” or “no vouchers”?
   No. Virginia law prohibits discrimination based on source of funds, including housing vouchers.
3. What should I do if I see a discriminatory rental ad?
   You can file a complaint using the Virginia Fair Housing Complaint Form with the Virginia Fair Housing Office.
4. Are landlords allowed to specify “no pets”?
   Yes, unless the pet is a service or emotional support animal, which must be accommodated by law.
5. How long do I have to file a fair housing complaint in Virginia?
   You generally have one year from the date of the alleged discrimination to file a complaint.

Key Takeaways for Renters

• It is illegal for Virginia rental ads to show preference or exclude anyone based on protected classes.
• Discriminatory language includes phrases like “no children” or “no Section 8.”
• If you suspect discrimination, file a complaint with the Virginia Fair Housing Board using the official form.

Need Help? Resources for Renters

• Virginia Fair Housing Office (information, complaint form, guidance, phone: (804) 367-8530)
• Virginia Fair Housing Board (tribunal for discrimination complaints)
• Virginia Fair Housing Law (Code of Virginia Title 36, Chapter 5.1)
• U.S. Department of Housing and Urban Development - Fair Housing

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1. Virginia Fair Housing Office, DPOR
2. Virginia Fair Housing Law, Code of Virginia Title 36, Chapter 5.1
3. Federal Fair Housing Act (HUD)
4. Virginia Fair Housing Complaint Intake Form

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