Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part I - General Provisions › Section 18VAC135-50-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The definitions provided in the Virginia Fair Housing Law,
					 as they may be supplemented in this section, shall apply throughout this
					 chapter.
The following words and terms used in this chapter have the
					 following meanings, unless the context clearly indicates otherwise:
"Authorized representative" means (i) an attorney licensed
					 to practice law in the Commonwealth, or (ii) a law student appearing in
					 accordance with the third-year student practice rule, or (iii) a non-lawyer
					 under the supervision of an attorney and acting pursuant to Part 6, § 1,
					 Rule 1 (UPR 1-101(A)(1)) of the Rules of the Supreme Court of Virginia, or (iv)
					 a person who, without compensation, advises a complainant, respondent, or
					 aggrieved person in connection with a complaint, a conciliation conference, or
					 a proceeding before the board. When a complainant, respondent, or aggrieved
					 person authorizes a person to represent him under clause (iv) of this
					 definition, such authority shall be made to the board, either in writing or
					 orally in an appearance before the board, and shall be accepted by the
					 representative by sending a written acknowledgement to the board or by the
					 representative's appearance before the board.
"Board" means the Real Estate Board or the Fair Housing
					 Board, or both.
"Broker" or "agent" means any person authorized to perform
					 an action on behalf of another person regarding any matter related to the sale
					 or rental of dwellings, including offers, solicitations, or contracts and the
					 administration of matters regarding such offers, solicitations, or contracts or
					 any residential real estate-related transactions.
"Department" means the Virginia Department of Professional
					 and Occupational Regulation.
"Fair housing administrator" means the individual employed
					 and designated as such by the Director of the Department of Professional and
					 Occupational Regulation.
"Fair housing law" means the Virginia Fair Housing Law,
					 Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia,
					 effective July 1, 1991.
"Gender identity" means the gender-related identity,
					 appearance, or other gender-related characteristics of an individual, with or
					 without regard to the individual's designated sex at birth.
"Person in the business of selling or renting dwellings"
					 means any person who (i) within the preceding 12 months, has participated as
					 principal in three or more transactions involving the sale or rental of any
					 dwelling or any interest therein; (ii) within the preceding 12 months, has
					 participated as agent, other than in the sale of his own personal residence, in
					 providing sales or rental facilities or sales or rental services in two or more
					 transactions involving the sale or rental of any dwelling or any interest
					 therein; or (iii) is the owner of any dwelling designed or intended for
					 occupancy by or occupied by, five or more families.
"Receipt of notice" means the day that personal service is
					 completed by handing or delivering a copy of the document to an appropriate
					 person or the date that a document is delivered by certified mail, or three
					 days after the date of the proof of mailing of first class mail.
"Sexual orientation" means a person's actual or perceived
					 heterosexuality, bisexuality, or homosexuality.
Statutory Authority: § 36-96.8 of the Code of
						Virginia.