Fairfax County and Virginia prohibit housing discrimination based on a tenant lawful source of income, including Section 8 Housing Choice Vouchers. Landlords cannot refuse to rent solely because the tenant uses a voucher under the Virginia Fair Housing Law.
The Virginia Fair Housing Law, codified at Virginia Code Section 36-96.1 and following, was amended in 2020 to add source of income as a protected class. Fairfax County enforces these protections through the Fairfax County Office of Human Rights and Equity Programs. Landlords cannot refuse applicants who use Housing Choice Vouchers, Veterans Affairs Supportive Housing vouchers, Social Security, or other lawful income sources solely because of that source. Income screening must be applied evenly without using the source as a proxy.
Source of income discrimination complaints are investigated by the Fairfax County Office of Human Rights and Equity Programs and the Virginia Fair Housing Office. Remedies include damages, civil penalties, and attorney fees under the Virginia Fair Housing Law.
See how Herndon's source-of-income discrimination rules stack up against other locations.
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