Proving Discriminatory Rental Screening in Virginia

As a renter in Virginia, you have rights under both federal and state fair housing laws to be free from discrimination during the rental screening process. If you believe a landlord rejected your application for reasons related to your race, color, religion, sex, disability, familial status, national origin, elderliness, or source of funds, you may be able to take action. This guide explains how you can identify, gather evidence for, and report discriminatory screening practices, and what official steps are available to you as a Virginia renter under current law.

What Counts as Discriminatory Screening in Virginia?

Discriminatory screening happens when a landlord treats applicants differently due to certain protected characteristics, rather than their qualifications as a tenant. In Virginia, state law expands on federal protections, making it illegal to discriminate based on:

• Race, color, or national origin
• Religion
• Sex (including gender identity, sexual orientation)
• Disability
• Familial status (families with children)
• Elderliness (age 55+)
• Military status
• Source of funds (such as housing vouchers)

This means landlords cannot reject, delay, or treat you differently in the application process due to any of the above factors.^[1]

Recognizing Signs of Discriminatory Screening

Discrimination can be direct or subtle. Signs include:

• You are told the rental is unavailable, but it’s listed again soon after
• You are given different application fees or requirements
• The landlord asks inappropriate or intrusive questions about protected characteristics
• Your application is delayed or denied without clear, business-related reasons
• You receive different terms (higher rent, bigger deposit) than others

Documenting these patterns can help build your case.

How to Gather Evidence of Discriminatory Screening

To prove unfair practices, it’s important to collect detailed and organized evidence. This makes your complaint stronger and easier for agencies to review:

• Save all communications: Keep emails, text messages, or notes about phone calls with the landlord or property manager.
• Take screenshots or photos: Copy rental listings and any changes to them.
• Keep copies of applications and receipts: This includes application forms, rejection letters, and fee receipts.
• Write a timeline: Note when you applied, what was said, and what happened after.
• Document witnesses: If anyone else was present, ask if they’re willing to write a statement.

How to File a Complaint for Discriminatory Screening

If you believe you’ve been screened unfairly, you can file a formal complaint with the state agency responsible for enforcing Virginia’s fair housing laws. In Virginia, the official body is the Virginia Fair Housing Office (part of the Department of Professional and Occupational Regulation or DPOR).^[2] You have up to one year from the incident to file.

Key Official Form

• Virginia Fair Housing Complaint Intake Form: Use this form when you believe you have been discriminated against while seeking housing, including during the rental application process. Complete the form, attach your evidence, and submit it by mail, email, or fax. Access the official form and instructions on the DPOR Fair Housing Complaint page.

The process typically involves investigation, mediation or, if necessary, a hearing before the Virginia Fair Housing Board.

What Happens After Filing?

Once you file your complaint, the Virginia Fair Housing Office will review your submission and may contact you for more details. They may investigate, request mediation, or hold a hearing. Remedies could include requiring the landlord to change their policies, possible fines, or monetary relief for you.

Keep all your documentation and any updates from the Fair Housing Office. Follow deadlines closely. If you need help, reach out to a housing counselor or legal aid.

Relevant Virginia Laws and Protections

• Virginia Fair Housing Law – See Virginia Code § 36-96.1 et seq.
• Virginia Residential Landlord and Tenant Act – See Virginia Code § 55.1-1200 et seq.
• For additional protections, see the federal Fair Housing Act

These laws protect you throughout the rental process, including screening and application.

FAQ: Fair Housing and Discriminatory Screening in Virginia

1. What should I do if my application is denied for unclear reasons?
   Ask the landlord for a written explanation. Save all communications, and compare your situation to others if possible. If you believe it is due to discrimination, consider filing a complaint with the Virginia Fair Housing Office.
2. Are background or credit checks considered discrimination?
   It is not discriminatory for landlords to use credit or background checks for all applicants equally. However, denying you based on these factors is illegal if it is only done to applicants with protected characteristics.
3. Can a landlord refuse to rent to me because I use a housing voucher?
   No. Virginia law protects renters against discrimination based on lawful source of funds, which includes housing vouchers or rental assistance.
4. How long do I have to file a fair housing complaint in Virginia?
   You have one year from the alleged discriminatory act to file a complaint with the Virginia Fair Housing Office.
5. Where do I find help if I have more questions about my rights?
   You can contact the Virginia Fair Housing Office, browse their Virginia Fair Housing Guide, or seek assistance from local legal aid organizations.

Summary and Key Takeaways

• Virginia offers strong protections for renters against discriminatory screening under both state and federal law.
• Document every interaction, keep copies of all paperwork, and file complaints within one year.
• The Virginia Fair Housing Office provides forms, investigation, and enforcement of fair housing rights.

Understanding and acting on your rights can help you secure the housing opportunities you deserve.

Need Help? Resources for Renters

• Virginia Fair Housing Office (DPOR Fair Housing) — Main portal for complaints, resources, and guidance.
• Virginia Fair Housing Complaint Intake Form — Download and submit to start a formal investigation.
• Virginia Fair Housing Law — Current legal text.
• Virginia Residential Landlord and Tenant Act — Full statute for landlords and tenants.
• HUD Fair Housing Complaint Process — For federal protections and reporting.

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1. See Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.)
2. Virginia Fair Housing Office (DPOR)
3. Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.)

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