Can a landlord refuse to rent to me because I have children?

No. In Virginia, it is illegal for landlords to refuse rental applications or evict tenants solely because they have children under 18, are pregnant, or are seeking child custody.

Is it legal for a landlord to charge extra fees for families with kids?

No. Charging higher rent or extra fees based on your family status is considered discrimination and is not allowed under state or federal law.

What do I do if I suspect discrimination?

Gather written evidence and file a complaint with the Virginia Fair Housing Office or HUD.

Can a landlord set a limit on how many people live in an apartment?

Reasonable occupancy limits for safety are allowed, but landlords cannot use these to exclude families unlawfully. Limits must align with HUD and local regulations.

Are there any exceptions for senior housing?

Yes. Housing that qualifies as 'housing for older persons' under the law may legally exclude families with children.

Virginia Renter Rights: Familial Status Discrimination Explained

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

Facing discrimination as a tenant based on whether you have children or your family structure can be distressing. In Virginia, both federal and state laws safeguard renters from familial status discrimination. Understanding your protections helps you secure fair housing and respond confidently if your rights are violated.

What Is Familial Status Discrimination?

Familial status discrimination occurs when a landlord, property manager, or housing provider treats someone unfairly because they live with children under 18, are pregnant, or are seeking legal custody of a child. The law is designed so that families—regardless of size or structure—can access housing on an equal basis.

Refusing to rent to families with children
Imposing different terms or higher rents for tenants with children
Steering families to specific buildings or units
Setting occupancy limits that effectively exclude families (unless justified for health and safety)

Both the federal Fair Housing Act and the Virginia Fair Housing Law make this kind of discrimination illegal in most types of rental housing.^[1]

Your Legal Protections as a Renter in Virginia

If you rent a home in the Commonwealth, you are protected from being denied, evicted, or treated differently due to your familial status. These rights apply whether you’re applying for an apartment, already renting, or renewing your lease.

You cannot be denied housing because you have children, are pregnant, or plan to have custody of a child.
Your landlord may not impose extra fees, special rules, or other harsher terms because you are part of a family with children.
Landlords must treat all applicants and renters equally—regardless of family structure.

Landlords may set reasonable occupancy limits for health or safety but must follow official guidance and not use them as a pretext to keep families out. The U.S. Department of Housing and Urban Development (HUD) occupancy standards are an important reference on this issue.

How to Respond If You Face Discrimination

If you believe your landlord has violated your rights by engaging in familial status discrimination, you have options to address the situation and seek remedy.

Document the incident: Save all emails, applications, and written communications. Write down dates and details of the incident.
File a complaint: You can report violations to the Virginia Fair Housing Office or HUD.
Ask for help: Legal aid organizations can help you prepare your complaint or talk with your landlord.

Tip: Be clear and concise when describing discrimination incidents—include as much evidence as possible.

Key Official Forms for Reporting Discrimination

Virginia Fair Housing Complaint Form (No official form number)
- When to use: To report housing discrimination (including familial status) to the state’s Fair Housing Office.
- How to file: Download and complete the form at the Virginia Fair Housing Complaint Form page. Submit by mail, fax, or email as instructed on the form. For example, if a landlord refuses to rent to your family after learning you have young children, you can fill out this form and attach any supporting documents.
HUD Housing Discrimination Complaint Form (Form 903)
- When to use: To report housing discrimination to the U.S. Department of Housing and Urban Development.
- How to file: Complete online or download the form from HUD's Official Complaint Portal. For example, if a property manager singles out families and applies special rules, this form enables you to start the federal complaint process.

Where Are Tenant Discrimination Complaints Decided in Virginia?

The Virginia Fair Housing Office (VFHO), part of the Department of Professional and Occupational Regulation (DPOR), is the state’s main agency for investigating and deciding housing discrimination complaints. Federal complaints are handled by HUD, which may coordinate with the VFHO to resolve your case.^[2]

Relevant Virginia Tenancy Legislation

Tenant rights—including protections against familial status discrimination—are set out in the Virginia Fair Housing Law and supported by the Virginia Residential Landlord and Tenant Act (VRLTA).^[3]

FAQ: Familial Status Discrimination in Virginia Rentals

Can a landlord refuse to rent to me because I have children?
No. In Virginia, it is illegal for landlords to refuse rental applications or evict tenants solely because they have children under 18, are pregnant, or are seeking child custody.
Is it legal for a landlord to charge extra fees for families with kids?
No. Charging higher rent or extra fees based on your family status is considered discrimination and is not allowed under state or federal law.
What do I do if I suspect discrimination?
Gather written evidence and file a complaint with the Virginia Fair Housing Office or HUD.
Can a landlord set a limit on how many people live in an apartment?
Reasonable occupancy limits for safety are allowed, but landlords cannot use these to exclude families unlawfully. Limits must align with guidance from HUD and local regulations.
Are there any exceptions for senior housing?
Yes. Housing that qualifies as "housing for older persons" under the law may legally exclude families with children.

Conclusion: Key Takeaways for Virginia Renters

Virginia law protects renters from discrimination based on familial status.
If you experience unfair treatment, document the situation and file a complaint.
You have resources and agencies ready to help ensure your rights are respected.

Remember, understanding your rights is the first step to fair housing for every family in Virginia.

Need Help? Resources for Renters

Virginia Fair Housing Office (VFHO) – File discrimination complaints, get advice, and read about your rights.
U.S. Department of Housing and Urban Development (HUD) – Fair Housing
Virginia Residential Landlord and Tenant Act (VRLTA) – Read the complete Virginia tenant-landlord law.
Virginia Legal Aid – Free legal help for qualifying renters.

Virginia Fair Housing Law: Title 36, Chapter 4.2, Code of Virginia
Virginia Fair Housing Office, DPOR: VFHO official page
Virginia Residential Landlord and Tenant Act: VRLTA official text