Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part II - Regulated Conduct › Article 1 - Prohibited Practices › Section 18VAC135-50-200 - General prohibitions against discrimination because of handicap disability

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Definitions. As used in this section, the following words and terms shall have
					 the following meanings, unless a different meaning is plainly required by the
					 context:
"Accessible," when used with respect to the public and
						common use areas of a building containing covered multi-family dwellings, means
						that the public or common use areas of the building can be approached, entered,
						and used by individuals with physical disabilities. The phrase "readily
						accessible to and usable by" is synonymous with "accessible." A public or
						common use area that complies with the appropriate requirements of ANSI
						A117.1-1986 or with any other standards adopted as part of regulations
						promulgated by HUD at 24 CFR Part 100 providing accessibility and usability for
						physically disabled people is accessible within the meaning of this
						section.
"Accessible route" means a continuous unobstructed path
						connecting accessible elements and spaces in a building or within a site that
						can be negotiated by a person with a severe disability using a wheelchair and
						that is also safe for and usable by people with other disabilities. Interior
						accessible routes may include corridors, floors, ramps, elevators, and lifts.
						Exterior accessible routes may include parking access aisles, curb ramps,
						walks, ramps, and lifts. A route that complies with the appropriate
						requirements of ANSI A117.1-1986, or with any other standards adopted as part
						of regulations promulgated by HUD at 24 CFR Part 100 , is an "accessible
						route."
"ANSI A117.1" means ANSI A117.1-1986, the American
						National Standard for buildings and facilities providing accessibility and
						usability for physically disabled people, or an equivalent or stricter
						standard. This incorporation by reference was approved by the Director of the
						Federal Register in accordance with
						5
						USC §
													552(a) and 1 CFR
						Part 51. Copies may be obtained from Global Engineering Documents, 15 Inverness
						Way East, Englewood, Colorado 90112.
"Building" means a structure, facility, or portion
						thereof that contains or serves one or more dwelling units.
"Building entrance on an accessible route" means an
						accessible entrance to a building that is connected by an accessible route to
						public transportation stops, to accessible parking and passenger loading zones,
						or to public streets or sidewalks, if available. A building entrance that
						complies with ANSI A117.1 or a comparable standard complies with the
						requirements of this paragraph.
"Common use areas" shall include rooms, spaces, or
						elements inside or outside of a building that are not part of the dwelling unit
						and that are made available for the use of residents of a building or the
						guests thereof. These areas include hallways, lounges, lobbies, laundry rooms,
						refuse rooms, mailrooms, recreational areas, and passageways among and between
						buildings.
"Controlled substance" means any drug or other substance
						as defined in Virginia or federal law.
The following terms, as used in the definition of
						"disability" contained in § 36-96.1:1 of the Code of Virginia, shall
						mean:
1. "Has a record of such an
					 impairment" means has a history of, or has been misclassified as having, a
					 mental or physical impairment that substantially limits one or more major life
					 activities.
2. "Is regarded as
					 having an impairment" means:
a. Has a
					 physical or mental impairment that does not substantially limit one or more
					 major life activities but that is treated by another person as constituting
					 such a limitation;
b. Has a
					 physical or mental impairment that substantially limits one or more major life
					 activities only as a result of the attitudes of other toward such impairment;
					 or
c. Has none of the impairments
					 defined in "physical or mental impairment" but is treated by another person as
					 having such an impairment.
3. "Major life activities" means functions
					 such as caring for one's self, performing manual tasks, walking, seeing,
					 hearing, speaking, breathing, learning, and working.
4. "Physical or mental impairment" includes:
a. Any physiological disorder or condition,
					 cosmetic disfigurement, or anatomical loss affecting one or more of the
					 following body systems: neurological; musculoskeletal; special sense organs;
					 respiratory, including speech organs; cardiovascular; reproductive; digestive;
					 genitourinary; hemic and lymphatic; skin; and endocrine; or
b. Any mental or psychological disorder, such
					 as intellectual disability, organic brain syndrome, emotional or mental
					 illness, and specific learning disabilities. The term "physical or mental
					 impairment" includes such diseases and conditions as orthopedic, visual, speech
					 and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy,
					 multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency
					 Virus infection, intellectual disability, emotional illness, drug addiction
					 (other than addiction caused by current, illegal use of a controlled
					 substance), and alcoholism.
"Dwelling unit" means a single unit of residence for a
						family or one or more persons. Examples of dwelling units include: a single
						family home; an apartment unit within an apartment building; and in other types
						of dwellings in which sleeping accommodations are provided but toileting or
						cooking facilities are shared by occupants of more than one room or portion of
						the dwelling, rooms in which people sleep. Examples of the latter include
						dormitory rooms and sleeping accommodations in shelters intended for occupancy
						as a residence for homeless persons.
"Entrance" means any access point to a building or
						portion of a building used by residents for the purpose of entering.
"Exterior" means all areas of the premises outside of an
						individual dwelling unit.
"First occupancy" means a building that has never before
						been used for any purpose.
"Ground floor" means a floor of a building with a
						building entrance on an accessible route. A building may have more than one
						ground floor.
"Interior" means the spaces, parts, components, or
						elements of an individual dwelling unit.
"Modification" means any change to the public or common
						use areas of a building or any change to a dwelling unit.
"Premises" means the interior or exterior spaces, parts,
						components, or elements of a building, including individual dwelling units and
						the public and common use areas of a building.
"Public use areas" means interior or exterior rooms or
						spaces of a building that are made available to the general public. Public use
						may be provided at a building that is privately or publicly owned.
"Site" means a parcel of land bounded by a property line
						or a designated portion of a public right of way.