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2004 SESSION
040147308Be it enacted by the General Assembly of Virginia:
1. That § 36-96.3 of the Code of Virginia is amended and reenacted as follows:
§ 36-96.3. Unlawful discriminatory housing practices.
A. It shall be an unlawful discriminatory housing practice for any person to:
1. To Refuse to sell or rent after the making of a bona fide offer or to refuse
to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling
to any person because of race, color, religion, national origin, sex, elderliness, or
familial status;
2. To Discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities in the
connection therewith to any person because of race, color, religion, national origin, sex,
elderliness, or familial status;
3. To Make, print, or publish, or cause to be made, printed, or published any
notice, statement, or advertisement, with respect to the sale or rental of a dwelling that
indicates any preference, limitation, or discrimination or an intention to make
any such preference, limitation or discrimination based on race, color,
religion, national origin, sex, elderliness, familial status, or handicap. The
use of words or symbols associated with a particular religion, national origin,
sex, or race shall may be prima facie evidence of an illegal preference under
this chapter which shall not be overcome by a general disclaimer. However,
reference alone to places of worship including, but not limited to, churches, synagogues,
temples, or mosques in any such notice, statement or advertisement shall not be prima
facie evidence of an illegal preference [ . Advertisements using the legal name
of an entity that contain a religious reference or that contain a religious symbol,
standing alone, may indicate a religious preference. However, if such
advertisement includes a disclaimer, it shall not be construed to violate the
Virginia Fair Housing Law ] ;
4. To Represent to any person because of race, color, religion, national
origin, sex, elderliness, familial status, or handicap that any dwelling is not available
for inspection, sale, or rental when such dwelling is in fact so available;
5. To Deny any person access to membership in or participation in any multiple
listing service, real estate brokers' organization, or other service,
organization or facility relating to the business of selling or renting
dwellings, or to discriminate against such person in the terms or conditions of
such access, membership, or participation because of race, color, religion,
national origin, sex, elderliness, familial status, or handicap;
6. To Include in any transfer, sale, rental, or lease of housing, any
restrictive covenant that discriminates because of race, color, religion, national origin,
sex, elderliness, familial status, or handicap or for any person to honor or
exercise, or attempt to honor or exercise any such discriminatory covenant
pertaining to housing;
7. To Induce or attempt to induce to sell or rent any dwelling by
representations regarding the entry or prospective entry into the neighborhood
of a person or persons of a particular race, color, religion, national origin,
sex, elderliness, familial status, or handicap;
8. To Refuse to sell or rent, or refuse to negotiate for the sale or rental of,
or otherwise discriminate or make unavailable or deny a dwelling because of a
handicap of (i) the buyer or renter, (ii) a person residing in or intending to
reside in that dwelling after it is so sold, rented or made available, or (iii)
any person associated with the buyer or renter;
9. To Discriminate against any person in the terms, conditions, or privileges
of sale or rental of a dwelling, or in the provision of services or facilities in
connection therewith because of a handicap of (i) that person, (ii) a person residing in
or intending to reside in that dwelling after it was so sold, rented or made
available, or (iii) any person associated with that buyer or renter.
B. For the purposes of this section, discrimination includes: (i) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by any person if such modifications may be necessary to afford such person full enjoyment of the premises; except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter's agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted; (ii) a refusal to make reasonable accommodations in rules, practices, policies, or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or (iii) in connection with the design and construction of covered multi-family dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that:
1. The public use and common use areas of the dwellings are readily accessible to and usable by handicapped persons;
2. All the doors designed to allow passage into and within all premises are sufficiently wide to allow passage by handicapped persons in wheelchairs; and
3. All premises within covered multi-family dwelling units contain an accessible route into and through the dwelling; light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations; there are reinforcements in the bathroom walls to allow later installation of grab bars; and there are usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space. As used in this subdivision the term "covered multi-family dwellings" means buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units.
C. Compliance with the appropriate requirements of the American National Standards for Building and Facilities (commonly cited as "ANSI A117.1") or with any other standards adopted as part of regulations promulgated by HUD providing accessibility and usability for physically handicapped people shall be deemed to satisfy the requirements of subdivision B 3.
D. Nothing in this chapter shall be construed to invalidate or limit any Virginia law or regulation which requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this chapter.