Fair Housing Protected Classes in Virginia 2026

Source of Income, Section 8 / HCV Status in Virginia

All 13 Protected Classes in Virginia

Federal classes apply uniformly. The classes shaded green below are Virginia-specific additions under Va. Code § 36-96 (Virginia Fair Housing Law).

Recent Virginia Statutory Activity

Virginia Values Act (HB 6 / SB 5, 2020) added SO, GI, and source of funds.

If you own a rental in Virginia, here is the rule that trips up the most landlords: you cannot refuse an applicant simply because they pay with a Section 8 / Housing Choice Voucher. Source of income, including a voucher, is a protected characteristic statewide, not just in a handful of cities. A blanket "no Section 8" line in your ad or a quiet rejection once you see a voucher is exactly the kind of decision that draws a complaint. This protection lives in Virginia's own fair housing law, which reaches well past the federal floor.

The statute is Va. Code § 36-96 (Virginia Fair Housing Law), enforced by the Virginia Fair Housing Office. On top of the seven federal classes, Virginia adds sexual orientation, gender identity, military status, source of funds, pregnancy and childbirth, and status as a victim of family abuse. With average rent around $1,317, screening choices carry real weight, so it pays to know exactly who you may not turn away.

The statute and who enforces it

Virginia's protections come from Va. Code § 36-96 (Virginia Fair Housing Law), the state's own statute that sits on top of the federal Fair Housing Act. The seven federal classes, race, color, national origin, religion, sex, familial status, and disability, apply everywhere, but Virginia goes further by naming additional characteristics in its own code.

Complaints are investigated by the Virginia Fair Housing Office, the state agency tasked with administering the law. A tenant who believes they were rejected, steered, or treated differently for a protected reason can file there. Because the office handles intake and investigation directly, a small landlord does not need a tenant to hire a lawyer first, a single complaint can open a file. Knowing the statute exists, and that the state actively enforces it, is the first defense against an accidental violation.

The classes Virginia adds beyond federal law

Federal law gives you seven protected classes. Virginia layers six more on top, and each one is a category you may not screen on:

• Sexual orientation
• Gender identity
• Military status
• Source of funds (including a Housing Choice Voucher)
• Pregnancy / childbirth
• Status as a victim of family abuse

Two of these surprise landlords most often. Source of funds means a voucher, child support, disability income, or other lawful income cannot be the reason for a denial. And status as a victim of family abuse means you cannot reject or evict someone because they were the target of domestic violence, a situation that often surfaces through police-call records during screening. Federally, HUD has read "sex" since 2021 to include sexual orientation and gender identity, but Virginia spells both out by name, leaving no ambiguity.

The Virginia Values Act and what changed

The current breadth of Virginia's law traces to a single 2020 reform. The Virginia Values Act (HB 6 / SB 5, 2020) added sexual orientation, gender identity, and source of funds to the protected-class list. That was the change that turned Virginia from a near-federal-floor state into one with meaningfully broader housing protections.

The source-of-funds addition is the one with the sharpest practical bite for rental owners. Before the Act, a landlord in much of Virginia could lawfully decline vouchers; after it, that same blanket policy became a violation statewide. If your lease templates, application forms, or listing copy still carry pre-2020 "no vouchers" or "no Section 8" language, they are now out of step with the law. Reviewing old boilerplate is one of the cheapest ways to stay compliant.

Screening and advertising traps for small landlords

Most violations here are not malicious, they are habits. The traps that catch Virginia landlords most often:

• Advertising language. "No Section 8," "working professionals only," or "perfect for a single tenant" can each map onto a protected class (source of funds, military status, familial status). Write ads about the unit, not the ideal occupant.
• Voucher-blind income rules. A flat "income must be 3x rent" test that ignores the voucher portion effectively screens out voucher holders, count the subsidy.
• Reacting to police-call history. Denying an applicant tied to domestic-violence incidents can violate the family-abuse-victim protection.
• Inconsistent screening. Applying stricter scrutiny to some applicants than others is how disparate treatment claims start.

The safest practice is one written, identical set of criteria applied to every applicant, with the voucher counted as income, applied the same way every time.

The Cost of a Fair-Housing Violation

City-Level Eviction Risk in Virginia

Fair-housing complaint rates correlate with overall tenant-protection enforcement. View landlord risk and tenant-law profile by city:

Sources & Methodology

• Federal Fair Housing Act: 42 U.S.C. § 3604; 24 C.F.R. Part 100; 24 C.F.R. § 180.671 (civil penalties); HUD Memo Feb 11, 2021 (sex incl. SO/GI under Bostock).
• Virginia fair-housing statute: Va. Code § 36-96 (Virginia Fair Housing Law).
• Source-of-income classification: Verified against state statute and major local ordinances. Marked "statewide" for Virginia.
• Recent statutory activity: Virginia Values Act (HB 6 / SB 5, 2020) added SO, GI, and source of funds.

Related Guides for Virginia Landlords

This overview summarizes the Virginia Fair Housing Law (Va. Code § 36-96), enforced by the Virginia Fair Housing Office, alongside the federal Fair Housing Act (42 U.S.C. § 3604). It is provided for general informational purposes and is not legal advice; consult a qualified Virginia attorney or the Virginia Fair Housing Office for guidance on a specific situation. Last reviewed June 2026.

Frequently Asked Questions

Can a landlord refuse Section 8 in Virginia?

No. Source of funds, including a Housing Choice Voucher, is a protected class statewide under Va. Code § 36-96, so a landlord cannot reject an applicant simply because they intend to pay rent with a Section 8 voucher. A blanket "no Section 8" policy in advertising or screening is a violation.

How many protected classes does Virginia have?

Thirteen. The seven federal classes (race, color, national origin, religion, sex, familial status, and disability) apply, and Virginia's Fair Housing Law adds six more: sexual orientation, gender identity, military status, source of funds, pregnancy/childbirth, and status as a victim of family abuse.

Are sexual orientation and gender identity protected in Virginia?

Yes. Both sexual orientation and gender identity are named explicitly in Virginia's Fair Housing Law, added by the Virginia Values Act (HB 6 / SB 5) in 2020. This goes beyond relying on HUD's 2021 reading of federal "sex" protections. Virginia spells out both categories by name.

How is fair housing enforced in Virginia, and what are the penalties?

Complaints are investigated by the Virginia Fair Housing Office under Va. Code § 36-96. A violation can expose a landlord to state remedies as well as federal civil penalties, damages, and corrective orders. Because the state agency handles intake directly, a single tenant complaint is enough to open an investigation.

Federal authority: 42 U.S.C. § 3604; 24 C.F.R. Part 100. State authority: Va. Code § 36-96 (Virginia Fair Housing Law). Last updated August 28, 2026. For informational purposes only, not legal advice. Fair-housing determinations are highly fact-specific; consult a licensed Virginia attorney before making a screening, denial, or eviction decision.