LGBTQ+ Renter Discrimination Protections in Virginia

Discrimination & Fair Housing Laws Virginia published: June 21, 2025 Flag of Virginia

Renters in Virginia have the right to fair and equal treatment when it comes to housing. Recent changes to Virginia law and federal policy mean that LGBTQ+ renters are specifically protected against housing discrimination. Knowing your rights can help you recognize, prevent, and address discrimination — whether you’re searching for a new home or already renting.

What Housing Discrimination Is — and Is Not

"Housing discrimination" means being treated unfairly in any part of the rental process because of your identity or characteristics protected by law. In Virginia, this includes discrimination based on sexual orientation or gender identity. Examples might include a landlord refusing to rent to you or imposing different rental terms due to your LGBTQ+ status.

Key Legal Protections for LGBTQ+ Renters

  • The Virginia Fair Housing Law specifically protects against discrimination due to sexual orientation and gender identity. This law covers nearly all housing, including apartments, condos, and houses available for rent.[1]
  • Federal Fair Housing Act interpretations—as updated by HUD—now include sexual orientation and gender identity as covered categories under "sex".[2]
  • Landlords and real estate agents in Virginia cannot:
    • Refuse to rent or renew a lease because someone is LGBTQ+
    • Offer different rental terms based on gender identity or sexual orientation
    • Harass or retaliate when a renter asserts their rights
    • Advertise with preferences or restrictions against LGBTQ+ people

These protections apply to most rental situations. However, certain small owner-occupied buildings may be exempt from some rules. Always review your situation and seek help if unsure.

How to Recognize Housing Discrimination

Discrimination can be obvious or subtle. Some examples include:

  • Landlords saying an apartment is "already rented" after learning about your partner or identity
  • Being asked personal questions about your gender transition or relationship status
  • Receiving different lease terms or higher application fees
  • Facing harassment or unwelcome comments in your home or by neighbors, with the landlord refusing to act
If you suspect you’re being treated unfairly, keep written records of what happened, including names, dates, and details.
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What To Do If You Experience Discrimination

You have several ways to protect yourself—and possibly pursue a remedy—if you experience housing discrimination in Virginia.

File a Complaint with the Virginia Fair Housing Office (VFHO)

  • The Virginia Fair Housing Office (VFHO) is the main state agency that investigates housing discrimination claims from renters.[3]
  • You can file a complaint if you experience discrimination based on sexual orientation or gender identity during any part of your rental experience.
  • Form: Virginia Fair Housing Complaint Form (DPOR FH-1)
    • When to use: If you believe you’ve experienced illegal housing discrimination (for example, a landlord refusing to rent because you’re LGBTQ+).
    • How to use: Download the Fair Housing Complaint Form (DPOR FH-1). Fill it out with specific details (including dates, property address, and description), then submit it to the VFHO by mail, email, or fax. The office will investigate and may help resolve the issue, sometimes leading to legal action.

Federal Protections and the HUD Complaint Process

  • You also may file a complaint with the U.S. Department of Housing and Urban Development (HUD), which processes claims under federal law.[4]
  • Form: HUD Discrimination Complaint Form (Form 903)
    • When to use: If discrimination involves federal housing programs or if you want to file at both the state and federal level.
    • How to use: Complete the HUD Form 903 online or by mail. HUD will investigate and may refer your case to the state or take additional action.

Once a complaint is filed, an investigator will contact you about next steps. It's helpful to keep any supporting documents, text messages, and emails as evidence.

Your Rights During Evictions, Lease Renewals, and Maintenance Requests

Even if you are facing a rent increase, eviction, or requesting repairs, your landlord cannot treat you differently or retaliate due to your LGBTQ+ status. Under the Virginia Fair Housing Law and Virginia Residential Landlord and Tenant Act (VRLTA), all renters must be given the same fair process.[1][5]

If you believe you’ve been evicted or denied maintenance because of your sexual orientation or gender identity, you have the right to contest it — and get help from state agencies or legal aid.

Official Body Handling Tenancy Disputes in Virginia

The tribunal or board that hears housing discrimination complaints is the Virginia Fair Housing Office (VFHO), a division of the Department of Professional and Occupational Regulation. Lease and eviction disputes may also go to the local General District Court under the VRLTA. You can find full contact details or start a claim on the official VFHO website.[3]

FAQ: LGBTQ+ Housing Rights in Virginia

  1. Can my landlord reject my rental application because I am LGBTQ+?
    No. It is unlawful for landlords in Virginia to refuse to rent or renew a lease based on sexual orientation or gender identity.
  2. What should I do if I’m harassed by my landlord or neighbors due to my LGBTQ+ status?
    Keep a record of incidents and report the harassment to your landlord in writing. If the behavior continues or your landlord doesn't act, file a complaint with the Virginia Fair Housing Office or HUD.
  3. Is there a deadline for filing a discrimination complaint?
    Yes. In Virginia, you must file a fair housing complaint within one year of the alleged discrimination.
  4. Can retaliation occur if I file a complaint?
    Retaliation for filing a fair housing complaint is also illegal. You are protected under both state and federal laws.
  5. Where can I get official forms or get help completing them?
    The Virginia Fair Housing Office website provides official forms and guidance. Local legal aid societies may also offer free assistance for renters.

Conclusion: Key Takeaways for LGBTQ+ Renters in Virginia

  • LGBTQ+ renters in Virginia are protected by both state and federal fair housing laws.
  • You can file a complaint with the Virginia Fair Housing Office or HUD if you face discrimination.
  • Always keep written records and seek help if you believe your rights are being violated.

Staying informed and proactive ensures you enjoy a safe, fair, and welcoming home.

Need Help? Resources for Renters

  1. Virginia Fair Housing Law (Va. Code § 36-96)
  2. HUD Guidance on LGBTQ+ Protections
  3. Virginia Fair Housing Office (VFHO) Official Website
  4. HUD Fair Housing Complaint Process
  5. Virginia Residential Landlord and Tenant Act (VRLTA)

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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