reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC135-20-330 - Principal and supervising broker's responsibility for acts of licensees and employees

Current through Register Vol. 40, No. 24, July 15, 2024
Any unlawful act or violation of any of the provisions of
					 Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1 or of Chapter 5.1 (§
					 36-96.1 et seq.) of Title 36 of the Code of Virginia or of the regulations of
					 the board by any real estate salesperson, employee, partner or affiliate of a
					 principal broker, supervising broker, or both, may not be cause for
					 disciplinary action against the principal broker, supervising broker, or both,
					 unless it appears to the satisfaction of the board that the principal broker,
					 supervising broker, or both, knew or should have known of the unlawful act or
					 violation and failed to take reasonable action under the circumstances to
					 remedy the situation.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC135-20-340 - Effect of disciplinary action on subordinate licensees

Current through Register Vol. 40, No. 24, July 15, 2024
Action by the board resulting in the revocation,
					 suspension, or denial of renewal of the license of any principal broker or sole
					 proprietor shall automatically result in an order that the licenses of any and
					 all individuals active with the affected firm be returned to the board until
					 such time as they are reissued upon the written request of a sole proprietor or
					 principal broker pursuant to
					 18VAC135-20-170
					 B.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part V - Standards of Practice and Conduct › Section 18VAC135-20-345 - Effect of disciplinary action on concurrent licenses

Current through Register Vol. 40, No. 24, July 15, 2024
The board shall suspend, revoke or deny renewal of existing
					 concurrent broker licenses when the board suspends, revokes or denies renewal
					 of another broker's license held by the same individual.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-350 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this part,
					 unless a different meaning is provided or is plainly required by the context,
					 shall have the following meanings:
"Accredited university, college, community college, or
					 other school or educational institution," as used in § 54.1-2105B 1 a of
					 the Code of Virginia, means those accredited institutions of higher learning
					 approved by the Virginia Council of Higher Education or listed in the Transfer
					 Credit Practices of Designated Educational Institutions, published by the
					 American Association of Collegiate Registrars and Admissions Officers.
"Class hour/clock hour" means 50 minutes.
"Equivalent course" means any course encompassing the basic
					 educational curriculum of Virginia courses and approved by the board.
"Proprietary school" means
(i) a privately owned school,
(ii) a real estate professional association,
				  or
(iii) a related entity, which
				  is not under the authority of the Department of Education, but approved by the
				  Real Estate Board to teach real estate courses.
"Provider" means an accredited university, college,
					 community college or high school offering adult distributive education courses,
					 or a proprietary school.
Statutory Authority
§ 54.1-2105 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-360 - Proprietary school standards, instructor qualifications and course requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Every applicant to the Real Estate Board for a proprietary school certificate
				  shall meet the standards provided in subsection A of § 54.1-2105.02 of the
				  Code of Virginia by submitting a CPA-certified letter attesting to the
				  applicant's net worth or a balance sheet or financial statement certified to be
				  accurate by the applicant. Such applicant shall show a minimum net worth of
				  $2,000.
B. Every applicant to the
				  Real Estate Board for certification as an instructor for prelicense education
				  must meet two of the qualifications outlined in subdivisions 1 through 6 of
				  this subsection:
1. A baccalaureate degree,
				  an active Virginia real estate broker's license, and two consecutive years of
				  discipline-free active real estate experience immediately prior to
				  application;
2. An active Virginia
				  real estate broker's license and five consecutive years of discipline-free
				  active real estate experience immediately prior to application ;
3. A professional designation such as, but
				  not limited to, Accredited Land Consultant (ALC), Certified Residential
				  Specialist (CRS), Certified Commercial Investment Member (CCIM), Certified
				  Property Manager (CPM), Certified Residential Broker (CRB), Counselor Real
				  Estate (CRE), Member Appraisal Institute (MAI), Society Industrial Office
				  Realtors (SIOR), Senior Residential Appraiser (SRA), or Senior Real Estate
				  Property Appraiser (SRPA);
4. A
				  fully designated membership of the Real Estate Educators Association holding
				  the Designated Real Estate Instructor (DREI) designation;
5. Possession of a valid teaching credential
				  or certificate issued by the Commonwealth of Virginia, or any other state with
				  qualifications that are equal to or exceed Virginia teacher qualifications, or
				  at least five years of teaching experience in an accredited public, private, or
				  parochial school, or an accredited junior college, college, or university;
				  and
6. An attorney member of the
				  Virginia State Bar who is engaged in the field of real estate-related
				  law.
7. The board shall also
				  consider evaluations from previous education courses the applicant has
				  instructed and recommendations of course providers, coordinators,
				  administrators, and institutions who have employed the applicant.
8. The board may waive the requirements of
				  subdivisions 1 through 6 of this subsection upon review of proof of experience
				  in related fields of real estate. The board has discretion to deny an applicant
				  who has been the subject of a disciplinary action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-370 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The application
				  fee for an original certificate for a proprietary school shall be
				  $190.
B. The renewal fee for
				  proprietary school certificates expiring every two years from the last day of
				  the month in which they were issued shall be $90.
C. If the requirements for renewal of a
				  proprietary school certificate, including receipt of the fee by the board, are
				  not completed within 30 days of the expiration date noted on the certificate, a
				  reinstatement fee of $135 is required. A certificate may be reinstated for up
				  to one year following the expiration date with payment of the reinstatement
				  fee. After one year, the certificate may not be reinstated under any
				  circumstances and the applicant must meet all requirements and apply as a new
				  applicant. If the renewal requirements are not completed within 30 days of the
				  expiration date noted on the proprietary school approval, the proprietary
				  school shall no longer offer board-approved courses.
D. The application for an original prelicense
				  education instructor certificate shall be $190.
E. The renewal fee for a prelicense
				  instructor certificate expiring every two years from the last day of the month
				  in which it was issued shall be $75.
F. If the requirements for renewal of an
				  instructor certificate, including receipt of the fee by the board, are not
				  completed within 30 days of the expiration date on the certificate, a
				  reinstatement fee of $110 is required. A certificate may be reinstated for up
				  to one year following the expiration date with payment of the reinstatement
				  fee. After one year, the certificate may not be reinstated under any
				  circumstances and the applicant must meet all requirements and apply as a new
				  applicant.
G. The board in its
				  discretion may deny renewal of a certificate for the same reasons it may deny
				  initial approval.
Statutory Authority
§§ 54.1-113, 54.1-201 and 54.1-2105 of the Code
						of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-380 - Posting school certificate of approval and instructor certificates

Current through Register Vol. 40, No. 24, July 15, 2024
Copies of school certificates of approval and instructor
					 certificates, if applicable, must be available at the location a course is
					 taught.
Statutory Authority
§ 54.1-2105 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-390 - Withdrawal of approval

Current through Register Vol. 40, No. 24, July 15, 2024
The board may withdraw approval of any school, course or
					 instructor for the following reasons:
1. The school, instructors, courses, or
				  subjects no longer meet the standards established by the board.
2. The school or instructor solicits
				  information from any person for the purpose of discovering past examination
				  questions or questions which may be used in future examinations.
3. The school or instructor distributes to
				  any person copies of examination questions, or otherwise communicates to any
				  person examination questions, without receiving the prior written approval of
				  the copyright owner to distribute or communicate those questions.
4. The school, through an agent or otherwise,
				  advertises its services in a fraudulent, deceptive or misrepresentative
				  manner.
5. Officials, instructors
				  or designees of the school sit for a real estate licensing examination for any
				  purpose other than to obtain a license as a broker or salesperson.
Statutory Authority
§ 54.1-2105 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-400 - Course content of real estate principles and practices

Current through Register Vol. 40, No. 24, July 15, 2024
The following shall be included in the four-semester-hour
					 or six-quarter-hour course which shall not have less than 60 class
					 hours:
1. Economy and social impact of
				  real estate
2. Real estate market
				  and analysis
3. Property
				  rights
4. Contracts
5. Deeds
6. Mortgages and deeds of trust
7. Types of mortgages
8. Leases
9. Liens
10. Home ownership
11. Real property and title
				  insurance
12. Investment
13. Taxes in real estate
14. Real estate financing
15. Brokerage and agency contract
				  responsibilities
16. Real estate
				  marketing
17. Real property
				  management
18. Search, examination,
				  and registration of title
19. Title
				  closing
20. Appraisal of
				  residential and income producing property
21. Planning subdivision developments and
				  condominiums
22. Regulatory
				  statutes
23. Housing
				  legislation
24. Fair housing
				  statutes
25. Real Estate Board
				  regulations
Statutory Authority
§ 54.1-2105 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Part VI - Schools › Section 18VAC135-20-410 - Broker courses

Current through Register Vol. 40, No. 24, July 15, 2024
A. Brokerage
				  shall be a required specific course with three semester hours or six quarter
				  hours, but not less than 45 class hours, constituting a complete
				  course.
B. "Related subjects," as
				  referred to in § 54.1-2105 of the Code of Virginia, shall be real estate
				  related and shall include, but are not limited to, courses in property
				  management, land planning and land use, business law, real estate economics,
				  and real estate investments.
C. No
				  more than 45 class hours of broker-related courses shall be accepted in lieu of
				  specific broker courses set forth in § 54.1-2105 of the Code of
				  Virginia.
D. Schools intending to
				  offer equivalent broker courses must submit to the board for approval a copy of
				  the syllabus of the particular course with a cover letter requesting
				  approval.
Statutory Authority
§§ 54.1-201 and 54.1-2105 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 20 - VIRGINIA REAL ESTATE BOARD LICENSING REGULATIONS › Form - FORMS (18VAC135-20)

Current through Register Vol. 40, No. 24, July 15, 2024
Exchange
				  to Salesperson License Application, A490-02DLIC-v3 (eff.
				  11/2015)
Pre-license
				  Education Instructor Certification Application, A490-0230INSTR-v5 (rev.
				  11/2015)
Proprietary
				  School Certification Application, A490-0211SCHL-v2 (rev.
				  11/2015)
Real
				  Estate Firm/Sole Proprietorship Audit, F490-02AUD (rev. 7/2014)
Individual
				  - Name/Address Change Form, A954640-02NACHG-v2 (rev. 5/2015)
Firm
				  License Application, A490-0226FLIC-v2 (rev. 2/2013)
Branch
				  Office License Application, A490-0226BRLIC-v2 (rev. 2/2013)
Business
				  Entity License Transfer Application, A490-0226BETR-v2 (rev.
				  2/2013)
Business
				  Entity License/Reinstatement Application, A490-0226BELIC-v3 (rev.
				  4/2013)
Add-on/Removal
				  of Business Entity Member Application, A490-0226ARBEM-v2 (rev.
				  2/2013)
Salesperson
				  License Application, A490-0225SLIC-v2 (rev. 2/2013)
Salesperson
				  - Activate/Transfer Application, A490-0225SAT-v2 (rev. 4/2015)
Place
				  License Inactive Application, A490-0225INACT-v1 (rev. 1/2013)
Concurrent
				  Broker License Application, A490-0225CONCUR-v3 (rev. 6/2013)
Concurrent
				  Broker Acknowledgment Form, A490-0225CBA-v1 (rev. 2/2015)
Broker
				  License Application, A490-0225BLIC-v2 (rev. 2/2013)
Broker
				  - Activate/Transfer Application, A490-0225BAT-v2 (rev. 4/2015)
Online
				  Approval - Broker Acknowledgment Form, A490-0225BACK-v1 (rev.
				  12/2014)
In-State
				  Experience Verification Form, A490-02VAEXP-v2 (rev. 2/2013)
Signature
				  Authority Application, A460-02SIG_AUT-v2 (rev. 1/2013)
Branch
				  Office - Supervising Broker Change Form, A490-02SBCHG-v2 (rev.
				  2/2013)
Firm
				  Principal Broker/Officer Change Form, A490-02PBOCHG-v2 (rev.
				  2/2013)
Out-of-State
				  Experience Verification Form, A490-02OSEXP-v2 (rev. 2/2013)
Firm
				  Name/Address Change Form, A490-02FNACHG-v1 (rev. 1/2013)
Supervising
				  Broker Certification Form, A490-02CERTFRM-v1 (rev. 1/2013)
Prelicense
				  Education Course Approval Application, A490-0214PRE-v2 (rev.
				  1/2014)
Additional
				  Instructor Approval Application, A490-0214ADD-v3 (rev. 5/2013)
Continuing
				  Education Course Approval Application, A490-0214CRS-v5 (rev.
				  6/2015)
Post
				  License Education Course Approval Application, A490-0214PLE-v5 (rev.
				  6/2015)
Statutory Authority: §§ 54.1-201 and 54.1-2105
					 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part I - General Provisions › Section 18VAC135-50-20 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter governs the exercise of the administrative and
					 enforcement powers granted to and the performance of duties imposed upon the
					 Real Estate Board and the Fair Housing Board by the Virginia Fair Housing Law.
					 In accordance with § 54.1-2344 of the Code of Virginia, the Real Estate
					 Board is responsible for the administration and enforcement of the Fair Housing
					 Law with respect to real estate licensees or their agents or employees who have
					 allegedly violated or violated the Fair Housing Law. The Fair Housing Board is
					 responsible for the administration and enforcement of the Fair Housing Law with
					 respect to all others who have allegedly violated or violated the Fair Housing
					 Law.
This chapter provides the board's interpretation of the
					 coverage of the fair housing law regarding discrimination related to the sale
					 or rental of dwellings, the provision of services in connection therewith, the
					 availability of residential real estate-related transactions, or any other
					 discriminatory conduct prohibited by the Virginia Fair Housing
					 Law.
Statutory Authority: §§ 36-96.8 and 54.1-2105
						of the Code of Virginia; 42 USC §
						3613.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part I - General Provisions › Section 18VAC135-50-30 - General construction

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter shall be construed to further the policies
					 and purposes of the Virginia Fair Housing Law. The board does not intend that a
					 failure by the board to comply with this chapter should constitute a
					 jurisdictional or other bar to administrative or legal action unless otherwise
					 required under this chapter or the law. The board further intends that this
					 chapter shall impose obligations, rights and remedies which are substantially
					 equivalent to those provided by the federal fair housing law and
					 regulations.
Statutory Authority
§§ 36-96.20C and 54.1-2105 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part I - General Provisions › Section 18VAC135-50-50 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
It is the policy of Virginia to provide, within
					 constitutional limitations, for fair housing throughout the Commonwealth and to
					 impose obligations, rights, and remedies substantially equivalent to those
					 granted under federal law. No person shall be subject to discriminatory housing
					 practices in the sale, rental, advertising of dwellings, inspection of
					 dwellings, or entry into a neighborhood, in the provision of brokerage
					 services, financing, the availability of residential real estate-related
					 transactions, or any other discriminatory conduct prohibited by the Virginia
					 Fair Housing Law because of race, color, religion, sex, disability,
					 elderliness, familial status, national origin, source of funds, sexual
					 orientation, gender identity, or military status.
Statutory Authority: § 36-96.8 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part I - General Provisions › Section 18VAC135-50-60 - Notice

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever any person is required by these regulations to
					 give notice to any other person of any fact, matter, or event, then such notice
					 shall be written, and delivery of such notice shall be sufficient if the person
					 giving notice demonstrates that he has used any of the following methods:
(i) certified mail,
(ii) personal service which means handing a
				  copy of the document to the person to be served or leaving a copy of the
				  document with a person of suitable age and discretion at the place of business,
				  residence or usual place of abode of the person to be served; and
(iii) first class mailing with proof of
				  mailing.
This section shall in no way be construed to invalidate
					 delivery of notice in any case in which it can be shown that the person
					 intended to receive the notice actually received it.
Statutory Authority
§ 36-96.8 of the Code of Virginia.
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 18VAC135-50-70 - Real estate practices prohibited

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter provides the board's interpretation of
						conduct that is unlawful housing discrimination under § 36-96.3 of the
						Code of Virginia. The list of unlawful discriminatory housing practices
						contained in § 36-96.3 of the Virginia Fair Housing Law is to be construed
						as broadly as possible. In general, the prohibited actions are set forth under
						sections of these regulations which are most applicable to the discriminatory
						conduct described. However, an action illustrated in one section can constitute
						a violation under other sections in these regulations.
Statutory Authority
§§ 36-96.20C and 54.1-2105 of the Code of
						  Virginia.
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 18VAC135-50-80 - Unlawful refusal to sell or rent or to negotiate for the sale or rental

Current through Register Vol. 40, No. 24, July 15, 2024
Prohibited actions under this section include:
1. Failing to accept or consider a bona fide
					 offer because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status.
2.
					 Refusing to sell or rent a dwelling to, or to negotiate for the sale or rental
					 of a dwelling with any person because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status.
3. Imposing different sales prices or rental
					 charges for the sale or rental of a dwelling upon any person because of race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status.
4. Using different
					 qualification criteria or applications or sale or rental standards or
					 procedures, such as income standards, application requirements, application
					 fees, credit analysis, or sale or rental approval procedures or other
					 requirements, because of race, color, religion, sex, disability, familial
					 status, elderliness, national origin, source of funds, sexual orientation,
					 gender identity, or military status.
5. Evicting tenants because of their race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status or because of the race, color, religion, sex, disability, familial
					 status, elderliness, national origin, source of funds, sexual orientation,
					 gender identity, or military status of a tenant's guest.
Statutory Authority: § 36-96.8 of the Code of
						  Virginia.
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 18VAC135-50-90 - Discrimination in terms, conditions and privileges and in services and facilities

Current through Register Vol. 40, No. 24, July 15, 2024
Examples of prohibited actions under this section
						include:
1. Using different provisions
					 in leases or contracts of sale, such as those relating to rental charges,
					 security deposits, and the terms of a lease and those relating to down payment
					 and closing requirements, because of race, color, religion, sex, disability,
					 familial status, elderliness, national origin, source of funds, sexual
					 orientation, gender identity, or military status.
2. Failing or delaying maintenance or repairs
					 of sale or rental dwellings because of race, color, religion, sex, disability,
					 familial status, elderliness, national origin, source of funds, sexual
					 orientation, gender identity, or military status.
3. Failing to process an offer for the sale
					 or rental of a dwelling or to communicate an offer accurately because of race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status.
4. Limiting the use of
					 privileges, services, or facilities associated with a dwelling because of the
					 race, color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status of an owner, tenant, or a person associated with the owner or
					 tenant.
5. Denying or limiting
					 services or facilities in connection with the sale or rental of a dwelling
					 because a person failed or refused to provide sexual favors.
Statutory Authority: § 36-96.8 of the Code of
						  Virginia.
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 18VAC135-50-100 - Other prohibited sale and rental conduct

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful, because of race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status to restrict or attempt to restrict the choices of a person by word or
					 conduct in connection with seeking, negotiating for, buying, or renting a
					 dwelling so as to perpetuate or tend to perpetuate segregated housing patterns
					 or to discourage or obstruct choices in a community, neighborhood, or
					 development.
Prohibited actions under this subsection, which are
						generally referred to as unlawful steering practices, include:
1. Discouraging any person from inspecting,
					 purchasing, or renting a dwelling because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status or because of the race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status of persons in a community, neighborhood, or development.
2. Discouraging the purchase or rental of a
					 dwelling because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status by exaggerating drawbacks or failing to inform any
					 person of desirable features of a dwelling or of a community, neighborhood, or
					 development.
3. Communicating to
					 any prospective purchaser that the purchaser would not be comfortable or
					 compatible with existing residents of a community, neighborhood, or development
					 because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status.
4.
					 Assigning any person to a particular section of a community, neighborhood, or
					 development or to a particular floor or section of a building because of race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status.
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 18VAC135-50-110 - Discriminatory advertisements, statements and notices

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful 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 because of race, color, religion,
					 sex, disability, familial status, elderliness, national origin, source of
					 funds, sexual orientation, gender identity, or military status or an intention
					 to make any such preference, limitation, or discrimination.
B. The prohibitions in this section shall
					 apply to all written or oral notices or statements by a person engaged in the
					 sale or rental of a dwelling. Written notices and statements include any
					 applications, flyers, brochures, deeds, signs, banners, posters, billboards, or
					 any documents used with respect to the sale or rental of a dwelling.
C. Discriminatory notices, statements, and
					 advertisements include:
1. Using words,
					 phrases, photographs, illustrations, symbols, or forms that convey that
					 dwellings are available or not available to a particular group of persons
					 because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status.
2.
					 Expressing to agents, brokers, employees, prospective sellers, renters, or any
					 other persons a preference for or limitation on any purchaser or renter because
					 of race, color, religion, sex, disability, familial status, elderliness,
					 national origin, source of funds, sexual orientation, gender identity, or
					 military status of such person.
3.
					 Selecting media or locations for advertising the sale or rental of a dwelling
					 that deny particular segments of the housing market information about housing
					 opportunities because of race, color, religion, sex, disability, familial
					 status, elderliness, national origin, source of funds, sexual orientation,
					 gender identity, or military status.
4. Refusing to publish advertising for the
					 sale or rental of dwellings or requiring different charges or terms for such
					 advertising because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status.
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 18VAC135-50-120 - Discriminatory representations on the availability of dwellings

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
					 unlawful, because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status, to provide inaccurate or untrue information about
					 the availability of dwelling for sale or rental.
B. Prohibited actions under this section
					 include:
1. Indicating through words or
					 conduct that a dwelling that is available for inspection, sale, or rental has
					 been sold or rented because of race, color, religion, sex, disability, familial
					 status, elderliness, national origin, source of funds, sexual orientation,
					 gender identity, or military status.
2. Representing that covenants or other deed,
					 trust, or lease provisions that purport to restrict the sale or rental of
					 dwellings because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status preclude the sale or rental of a dwelling to a
					 person.
3. Enforcing covenants or
					 other deed, trust, or lease provisions that preclude the sale or rental of a
					 dwelling to any person because of race, color, religion, sex, disability,
					 familial status, elderliness, national origin, source of funds, sexual
					 orientation, gender identity, or military status.
4. Limiting information by word or conduct
					 regarding suitably priced dwellings available for inspection, sale, or rental
					 because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status.
5.
					 Providing false or inaccurate information regarding the availability of a
					 dwelling for sale or rental to any person, including testers, regardless of
					 whether such person is actually seeking housing because of race, color,
					 religion, sex, disability, familial status, elderliness, national origin,
					 source of funds, sexual orientation, gender identity, or military
					 status.
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 18VAC135-50-130 - Blockbusting

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be
					 unlawful to induce or attempt to induce a person to sell or rent a dwelling by
					 representations regarding the entry or prospective entry into the neighborhood
					 of a person of a particular race, color, religion, sex, familial status,
					 elderliness, national origin, source of funds, sexual orientation, gender
					 identity, or military status or with a disability.
B. Prohibited actions under this section
					 include:
1. Engaging in conduct (including
					 uninvited solicitations for listing) that conveys to a person that a
					 neighborhood is undergoing or is about to undergo a change in the race, color,
					 religion, sex, disability, familial status, elderliness, national origin,
					 source of funds, sexual orientation, gender identity, or military status of
					 persons residing in it in order to encourage the person to offer a dwelling for
					 sale or rental.
2. Encouraging any
					 person to sell or rent a dwelling through assertions that the entry or
					 prospective entry of persons of a particular race, color, religion, sex,
					 familial status, elderliness, national origin, source of funds, sexual
					 orientation, gender identity, or military status or with disabilities can or
					 will result in undesirable consequences for the project, neighborhood, or
					 community, such as a lowering of property values, an increase in criminal or
					 antisocial behavior, or a decline in the quality of schools or other services
					 or facilities.
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 18VAC135-50-140 - Discrimination in the provision of brokerage services

Current through Register Vol. 40, No. 24, July 15, 2024
Prohibited actions under this section include:
1. Setting different fees for access to or
					 membership in a multiple listing service based on race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status.
2. Denying or limiting benefits accruing to
					 members in a real estate brokers' organization because of race, color,
					 religion, sex, disability, familial status, elderliness, national origin,
					 source of funds, sexual orientation, gender identity, or military status
					 .
3. Imposing different standards
					 or criteria for membership in a real estate sales, rental, or exchange
					 organization because of race, color, religion, sex, disability, familial
					 status, elderliness, national origin, source of funds, sexual orientation,
					 gender identity, or military status.
4. Establishing geographic boundaries or
					 office location or residence requirements for access to or membership 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 because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status.
Statutory Authority: § 36-96.8 of the Code of
						  Virginia.
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 18VAC135-50-160 - Discrimination in the making of loans and in the provision of other financial assistance

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
					 be unlawful for any person or entity whose business includes engaging in
					 residential real estate-related transactions to discriminate against any person
					 in making available loans or other financial assistance for a dwelling or that
					 is or is to be secured by a dwelling because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, sexual identity,
					 gender identity, or military status.
B. Prohibited practices under this section
					 include failing or refusing to provide to any person, in connection with a
					 residential real estate-related transaction, information regarding the
					 availability of loans or other financial assistance, application requirements,
					 or procedures or standards for the review and approval of loans or financial
					 assistance or providing information that is inaccurate or different from that
					 provided others because of race, color, religion, sex, disability, familial
					 status, elderliness, national origin, sexual orientation, gender identity, or
					 military status.
Statutory Authority: § 36-96.8 of the Code of
						  Virginia.
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 18VAC135-50-170 - Discrimination in the purchasing of loans

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall be unlawful for any person or
					 entity engaged in the purchasing of loans or other debts or securities that
					 support the purchase, construction, improvement, repair, or maintenance of a
					 dwelling or that are secured by residential real estate to refuse to purchase
					 such loans, debts, or securities, or to impose different terms or conditions
					 for such purchases, because of race, color, religion, sex, disability, familial
					 status, elderliness, national origin, sexual orientation, gender identity, or
					 military status.
B. Unlawful
					 conduct under this section includes:
1.
					 Purchasing loans or other debts or securities that relate to or are secured by
					 dwellings in certain communities or neighborhoods but not in others because of
					 the race, color, religion, sex, disability, familial status, elderliness,
					 national origin, sexual orientation, gender identity, or military status of
					 persons in such neighborhoods or communities.
2. Pooling or packaging loans or other debts
					 or securities that relate to or are secured by dwellings differently because of
					 race, color, religion, sex, disability, familial status, elderliness, national
					 origin, sexual orientation, gender identity, or military status.
3. Imposing or using different terms or
					 conditions on the marketing or sale of securities issued on the basis of loans
					 or other debts or securities that relate to or are secured by dwellings because
					 of race, color, religion, sex, disability, familial status, elderliness,
					 national origin, sexual orientation, gender identity, or military
					 status.
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 18VAC135-50-180 - Discrimination in the terms and conditions for making available loans or other financial assistance

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
					 be unlawful for any person or entity engaged in the making of loans or in the
					 provision of other financial assistance relating to the purchase, construction,
					 improvement, repair or maintenance of dwellings or which are secured by
					 residential real estate to impose different terms or conditions for the
					 availability of such loans or other financial assistance because of race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, sexual orientation, gender identity, or military status.
B. Unlawful conduct under this section
					 includes:
1. Using different policies,
					 practices, or procedures in evaluating or in determining credit worthiness of
					 any person in connection with the provision of any loan or other financial
					 assistance for a dwelling or for any loan or other financial assistance that is
					 secured by residential real estate because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, sexual orientation,
					 gender identity, or military status.
2. Determining the type of loan or other
					 financial assistance to be provided with respect to a dwelling or fixing the
					 amount, interest rate, duration, or other terms for a loan or other financial
					 assistance for a dwelling which that is secured by residential real estate
					 because of race, color, religion, sex, disability, familial status,
					 elderliness, national origin, sexual orientation, gender identity, or military
					 status.
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 18VAC135-50-190 - Unlawful practices in the selling, brokering, or appraising of residential real property

Current through Register Vol. 40, No. 24, July 15, 2024
A. It shall
					 be unlawful for any person or other entity whose business includes engaging in
					 the selling, brokering or appraising of residential real property to
					 discriminate against any person in making available such services, or in the
					 performance of such services, because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, sexual orientation,
					 gender identity, or military status.
B. For the purposes of this section the term
					 "appraisal" means an estimate or opinion of the value of a specified
					 residential real property made in a business context in connection with the
					 sale, rental, financing, or refinancing of a dwelling or in connection with any
					 activity that otherwise affects the availability of a residential real
					 estate-related transaction, whether the appraisal is oral or written, or
					 transmitted formally or informally. The appraisal includes all written comments
					 and other documents submitted as support for the estimate or opinion of
					 value.
C. Practices that are
					 unlawful under this section include using an appraisal of residential real
					 property in connection with the sale, rental, or financing of any dwelling
					 where the person knows or reasonably should know that the appraisal improperly
					 takes into consideration race, color, religion, sex, disability, familial
					 status, elderliness, national origin, sexual orientation, gender identity, or
					 military status.
Statutory Authority: § 36-96.8 of the Code of
						  Virginia.
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 18VAC135-50-210 - Housing for older persons

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in the Virginia Fair Housing Law regarding
						unlawful discrimination because of familial status shall apply to housing for
						older persons. As used in this section, "housing for older persons"
						includes:
1. Housing provided under
					 any state or federal program determined by the Secretary of Housing and Urban
					 Development to be specifically designed and operated to assist elderly
					 persons;
2. 62 or over housing. The
					 provisions regarding familial status in these regulations shall not apply to
					 housing intended for, and solely occupied by persons 62 years of age or older.
					 Housing satisfies the requirements of this exemption even though:
a. There are persons residing in such housing
					 on September 13, 1988, who are under 62 years of age, provided that all new
					 occupants are persons 62 years of age or older;
b. There are unoccupied units, provided that
					 such units are reserved for occupancy by persons 62 years of age or
					 older;
c. There are units occupied
					 by employees of the housing (and family members residing in the same unit) who
					 are under 62 years of age provided they perform substantial duties directly
					 related to the management or maintenance of the housing.
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 18VAC135-50-212 - Intent to operate as 55 or over housing

Current through Register Vol. 40, No. 24, July 15, 2024
A. In order for a housing facility or
					 community to qualify as 55-or-older housing, it must publish and adhere to
					 policies and procedures that demonstrate its intent to operate as housing for
					 persons 55 years of age or older. The following factors are considered relevant
					 in determining whether the housing facility or community has complied with this
					 requirement:
1. The manner in which the
					 housing facility or community is described to prospective residents;
2. Any advertising designed to attract
					 prospective residents;
3. Lease
					 provisions;
4. Written rules,
					 regulations, covenants, deeds or other restrictions;
5. The maintenance and consistent application
					 of relevant procedures;
6. Actual
					 practices of the housing facility or community; and
7. Public posting in common areas of
					 statements describing the facility or community as housing for persons 55 years
					 of age or older.