Protected Classes in Virginia Fair Housing Laws: Renters’ Rights

If you’re renting a home or apartment in Virginia, you have important rights under state and federal fair housing laws. Understanding which groups are protected can help you recognize and respond to housing discrimination. This guide explains the protected classes in Virginia, why they matter, and how you can protect your rights as a renter.

What Are Protected Classes?

“Protected classes” are groups of people who are legally protected from housing discrimination. In Virginia, landlords, property managers, and real estate professionals cannot treat tenants or applicants unfairly based on these characteristics.

Protected Classes Under Virginia Fair Housing Laws

The Virginia Fair Housing Law (see footnote 1) protects renters and home seekers from discrimination based on:

• Race
• Color
• National Origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial Status (such as having children under 18, pregnancy, or legal guardianship)
• Disability
• Elderliness (age 55 or older in housing for retirement or elderly persons)
• Source of Funds (such as housing vouchers or lawful income sources)

These protections apply when renting, buying, or applying for housing throughout the state.

Examples of Prohibited Discrimination

• Denying housing based on a person’s race or religion
• Charging higher rent because of the applicant’s national origin
• Refusing to rent to families with children
• Refusing reasonable modifications for a renter with a disability
• Denying applicants who use housing vouchers (like Section 8)

If you believe you’re being treated unfairly due to a protected characteristic, you may have grounds to file a fair housing complaint.

How to File a Fair Housing Complaint in Virginia

The Virginia Fair Housing Office (VFHO), part of the Department of Professional and Occupational Regulation, investigates housing discrimination complaints. The process is straightforward and designed to help renters assert their rights.

To get started, use the official Commonwealth of Virginia Fair Housing Complaint Form (DPOR-BSD-FHR-01).

Fair Housing Complaint Form (DPOR-BSD-FHR-01)

• Form Name: Fair Housing Complaint Form
• When to Use: If you believe a landlord, property manager, or housing provider has discriminated against you, use this form to start a formal complaint process.
• Where to Find: Fair Housing Complaint Form (PDF)
• How to Use: Fill out the form with details about your situation, then submit it to the Virginia Fair Housing Office by mail, email, or fax as instructed on the form.

What Happens After You File?

Once your complaint is received, the Virginia Fair Housing Office will review it and may launch an investigation. You’ll be informed of any next steps, such as mediation or a formal hearing. Throughout the process, you have the right to seek your own legal advice.

Who Enforces Fair Housing Laws in Virginia?

The Virginia Fair Housing Office (VFHO) handles residential tenancy discrimination under the Virginia Fair Housing Law and the Virginia Residential Landlord and Tenant Act.^1,2 VFHO is the official state tribunal for these issues.

Steps for Renters: Taking Action Against Discrimination

If you believe you’ve experienced discrimination, take these steps:

• Document what happened—write down dates, times, and what was said
• Gather supporting evidence (emails, text messages, rental applications, etc.)
• Download and complete the Fair Housing Complaint Form
• Submit the form to the Virginia Fair Housing Office by following the instructions on the document
• Contact the Fair Housing Office if you have questions or need help

Knowing your rights is your best protection. Virginia law also prohibits retaliation against renters who exercise their fair housing rights.

FAQ: Virginia Fair Housing Protections

1. Who is protected from discrimination under Virginia fair housing laws?
   Virginia law protects renters from discrimination based on race, color, national origin, religion, sex, familial status, disability, elderliness, and source of funds.
2. How do I report discrimination if a landlord won’t rent to me because I have kids?
   Fill out the Fair Housing Complaint Form and submit it to the Virginia Fair Housing Office. Keep any communications or ads that mention rental restrictions.
3. What does “source of funds” mean in fair housing?
   It means landlords cannot refuse to rent to you because you pay with vouchers, public assistance, child support, or other legal income sources.
4. 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, but quicker action is usually best.
5. Can I get help filling out a fair housing complaint form?
   Yes. The Virginia Fair Housing Office offers support by phone or email, and their staff can answer questions about the forms and process.

Key Takeaways for Renters

• Virginia protects renters from discrimination based on race, color, sex, national origin, religion, familial status, disability, elderliness, and source of funds
• If you suspect discrimination, document everything and file a complaint with the Virginia Fair Housing Office
• The Virginia Fair Housing Office is the official resource for guidance and enforcement

Need Help? Resources for Renters

• Virginia Fair Housing Office — File complaints, ask questions, or get assistance (Phone: 804-367-8515, Email: fairhousing@dpor.virginia.gov)
• Virginia Department of Housing and Community Development: Renter Rights & Responsibilities — Official guidance and helpful links for renters
• Virginia Residential Landlord and Tenant Act — Full text of current rental laws
• HUD Office of Fair Housing and Equal Opportunity — Federal fair housing help

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1. Virginia Fair Housing Law (Virginia Code § 36-96.1 et seq.)
2. Virginia Residential Landlord and Tenant Act
3. Virginia Fair Housing Office – DPOR

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