reglab/statecodes huggingface dataset:
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 18VAC135-50-215 - Verification of occupancy

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
					 be able to produce, in response to a housing complaint filed under the Virginia
					 Fair Housing Law, verification of compliance with these regulations through
					 reliable surveys and affidavits.
B.
					 A facility or community shall, within 180 days of the effective date of this
					 rule, develop procedures for routinely determining the occupancy of each unit,
					 including the identification of whether at least one occupant of each unit is
					 55 years of age or older. Such procedures may be part of a normal leasing or
					 purchasing arrangement.
C. The
					 procedures described in subsection B of this section must provide for regular
					 updates through surveys or other means, of the initial information supplied by
					 the occupants of the housing facility or community. Such updates must take
					 place at least once every two years.
D. The following documents are considered
					 reliable documentation of the age of the occupants of the housing facility or
					 community.
1. Driver's license;
2. Birth certificate;
3. Passports;
4. Immigration cards;
5. Military identification;
6. Any other state, local, national or
					 international official documents containing a birth date of comparable
					 reliability; or
7. A certification
					 in a lease, application, affidavit, or other document signed by an adult member
					 of the household asserting that at least one person in the unit is 55 years of
					 age or older.
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 18VAC135-50-217 - Good faith defense against civil money damages

Current through Register Vol. 40, No. 24, July 15, 2024
A. A person shall not be held personally
					 liable for monetary damages for discriminating on the basis of familial status,
					 if the person acted with the good faith belief that the housing facility or
					 community qualified as 55-or-older housing.
B. A person claiming the good faith belief
					 defense must have actual knowledge that the housing facility or community has,
					 through an authorized representative, asserted in writing that it qualifies as
					 55-or-older housing.
C. For
					 purposes of this section, an authorized representative, of a housing facility
					 or community means the individual, committee, management company, owner, or
					 other entity having responsibility for adherence to the requirements
					 established by these regulations.
D. A person shall not be entitled to the good
					 faith belief defense if the person has actual knowledge that the housing
					 facility or community does not, or will not qualify as 55-or-older housing.
					 Such a person will be ineligible for the good faith belief defense regardless
					 of whether the person received or viewed the written assurance described in
					 subsection B of this section.
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 18VAC135-50-220 - Interference, coercion, or intimidation

Current through Register Vol. 40, No. 24, July 15, 2024
A. This section provides the board's
					 interpretation of the conduct that is unlawful under § 36-96.5 of the
					 Virginia Fair Housing Law.
B. It
					 shall be unlawful to coerce, intimidate, threaten, or interfere with any person
					 in the exercise or enjoyment of, or on account of that person having exercised
					 or enjoyed, or on account of that person having aided or encouraged any other
					 person in the exercise or enjoyment of, any right granted or protected by the
					 Virginia Fair Housing Law and these regulations.
C. Conduct made unlawful under this section
					 includes the following:
1. Coercing a person,
					 either orally, in writing, or by other means, to deny or limit the benefits
					 provided that person in connection with the sale or rental of a dwelling or in
					 connection with a residential real estate-related transaction because of race,
					 color, religion, sex, disability, familial status, elderliness, national
					 origin, source of funds, sexual orientation, gender identity, or military
					 status.
2. Threatening,
					 intimidating, or interfering with persons in their enjoyment of 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 such persons or of visitors or associates of
					 such persons.
3. Threatening an
					 employee or agent with dismissal or an adverse employment action, or taking
					 such adverse employment action, for any effort to assist a person seeking
					 access to the sale or rental of a dwelling or seeking access to any residential
					 real estate-related transaction because of the race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status of that person or of
					 any person associated with that person.
4. Intimidating or threatening any person
					 because that person is engaging in activities designed to make other persons
					 aware of, or encouraging such other persons to exercise, rights granted or
					 protected by this part.
5.
					 Retaliating against any person because that person has made a complaint,
					 testified, assisted, or participated in any manner in a proceeding under the
					 fair housing law.
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 18VAC135-50-230 to 18VAC135-50-250

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part II - Regulated Conduct › Article 2 - Advertising › Section 18VAC135-50-260 - Affirmative advertising efforts

Current through Register Vol. 40, No. 24, July 15, 2024
Nothing in this section shall be construed to restrict
						advertising efforts designed to attract persons to dwellings who would not
						ordinarily be expected to apply, when such efforts are pursuant to an
						affirmative marketing program or undertaken to remedy the effects of prior
						discrimination in connection with the advertising or marketing of
						dwellings.
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 2 - Advertising › Section 18VAC135-50-270 - Use of words, phrases, symbols and visual aids

Current through Register Vol. 40, No. 24, July 15, 2024
The following words, phrases, symbols, and forms typify
						those most often used in residential real estate advertising to convey either
						overt or tacit discriminatory preferences or limitations. In considering a
						complaint under the fair housing law, the board will consider the use of these
						and comparable words, phrases, symbols, and forms to determine a possible
						violation of the law and to establish a need for further proceedings on the
						complaint, if it is apparent from the context of the usage that discrimination
						within the meaning of the law is likely to result.
1. Words descriptive of dwelling, landlord,
					 and tenants. White private home, Colored home, Jewish home, Hispanic residence,
					 adult building.
2. Words indicative
					 of race, color, religion, sex, disability, familial status, elderliness,
					 national origin, source of funds, sexual orientation, gender identity, or
					 military status, including:
a. Race:
					 African-American, Negro, Black, White, Caucasian, Oriental, Asian, American
					 Indian, Native American, Arab.
b.
					 Color: White, Black, Colored.
c.
					 Religion: Protestant, Christian, Catholic, Jewish, Muslim, Islamic.
d. National origin: Mexican American, Puerto
					 Rican, Philippine, Polish, Hungarian, Irish, Italian, Chicano, African,
					 Hispanic, Chinese, Indian, Latino.
e. Sex: The exclusive use of words in
					 advertisements, including those involving the rental of separate units in a
					 single or multi-family dwelling, stating or intending to imply that the housing
					 being advertised is available to persons of only one sex and not the other,
					 except where the sharing of living areas is involved. Nothing in this section
					 restricts advertisements of dwellings used exclusively for dormitory facilities
					 by educational institutions.
f.
					 Disability: crippled, blind, deaf, mentally ill, retarded, impaired,
					 handicapped, physically fit. Nothing in this section restricts the inclusion of
					 information about the availability of accessible housing in advertising of
					 dwellings.
g. Familial status:
					 adults, children, singles, mature persons. Nothing in this section restricts
					 advertisements of dwellings that are intended and operated for occupancy by
					 older persons and that constitute "housing for older persons" as defined in
					 18VAC135-50-210.
h. Elderliness: elderly, senior citizens,
					 young, old, active, available to those between 25 and 55.
i. Sexual orientation: lesbian, gay,
					 bisexual, queer, same-sex couples.
j. Gender identity: transgender,
					 trans.
k. Source of funds: voucher,
					 Section 8, social security, disability income, government benefits.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part II - Regulated Conduct › Article 2 - Advertising › Section 18VAC135-50-280 - Selective use of advertising media or content

Current through Register Vol. 40, No. 24, July 15, 2024
The selective use of advertising media or content when
						particular combinations thereof are used exclusively with respect to various
						housing developments or sites can lead to discriminatory results and may
						indicate a violation of the fair housing law. For example, the use of English
						language media alone or the exclusive use of media catering to the majority
						population in an area, when, in such area, there are also available non-English
						language or other minority media, may have discriminatory impact. Similarly,
						the selective use of human models in advertisements may have discriminatory
						impact. The following are examples of the selective use of advertisements which
						may be discriminatory:
1. Selective
					 geographic advertisements. Such selective use may involve the strategic
					 placement of billboards; brochure advertisements distributed within a limited
					 geographic area by hand or in the mail; advertising in particular geographic
					 coverage editions of major metropolitan newspapers or in newspapers of limited
					 circulation which are mainly advertising vehicles for reaching a particular
					 segment of the community; or displays or announcements available only in
					 selected sales offices.
2.
					 Selective use of equal opportunity slogan or logo. When placing advertisements,
					 such selective use may involve placing the equal housing opportunity slogan or
					 logo in advertising reaching some geographic areas, but not others, or with
					 respect to some properties but not others.
3. Selective use of human models when
					 conducting an advertising campaign. Selective advertising may involve an
					 advertising campaign using human models primarily in media that cater to one
					 racial or national origin segment of the population without a complementary
					 advertising campaign that is directed at other groups. Another example may
					 involve use of racially mixed models by a developer to advertise one
					 development and not others. Similar care must be exercised in advertising in
					 publications or other media directed at one particular sex, or at persons
					 without children. Such selective advertising may involve the use of human
					 models of members of only one sex, or of adults only, in displays, photographs,
					 or drawings to indicate preferences for one sex or the other, or for adults to
					 the exclusion of children.
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 2 - Advertising › Section 18VAC135-50-290 - Fair housing policy and practices

Current through Register Vol. 40, No. 24, July 15, 2024
In the investigation of complaints, the board will
						consider the implementation of fair housing policies and practices provided in
						this section as evidence of compliance with the prohibitions against
						discrimination in advertising under the fair housing law.
1. Use of equal housing opportunity logotype,
					 statement, or slogan. All advertising of residential real estate for sale,
					 rent, or financing should contain an equal housing opportunity logotype,
					 statement, or slogan as a means of educating the homeseeking public that the
					 property is available to all persons regardless of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status. The choice of
					 logotype, statement, or slogan will depend on the type of media used (visual or
					 auditory) and, in space advertising, on the size of the advertisement. See
					 Appendix I to 24 CFR Part 109 , Ch. 1 (4/1/2000 edition) for suggested use of
					 the logotype, statement, or slogan and size of logotype and copies of the
					 suggested equal housing opportunity logotype, statement and slogan. A copy of
					 Appendix I to 24 CFR Part 109 , Ch. 1 (4/1/2000 edition) is posted on the Fair
					 Housing Office's website or may be obtained by contacting the Fair Housing
					 Office.
2. Use of human models.
					 Human models in photographs, drawings, or other graphic techniques may not be
					 used to indicate exclusiveness because of race, color, religion, sex,
					 disability, familial status, elderliness, national origin, source of funds,
					 sexual orientation, gender identity, or military status. If models are used in
					 display advertising campaigns, the models should be clearly definable as
					 reasonably representing majority and minority groups in the metropolitan area,
					 both sexes and, when appropriate, families with children. Models, if used,
					 should portray persons in an equal social setting and indicate to the general
					 public that the housing is open to all without regard to race, color, religion,
					 sex, disability, familial status, elderliness, national origin, source of
					 funds, sexual orientation, gender identity, or military status and is not for
					 the exclusive use of one such group. Human models include any depiction of a
					 human being, paid or unpaid, resident or nonresident.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-300 - Submission of information to file a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. The administrator or his designee will
					 receive complaint information concerning alleged discriminatory housing
					 practices from any person. Where the information constitutes a complaint within
					 the meaning of the fair housing law and these regulations and is furnished by
					 an aggrieved person, a complaint will be considered filed in accordance with
					 18VAC135-50-350. Where additional
					 information is required for the purpose of perfecting a complaint under the
					 law, the administrator or his designee will advise what additional information
					 is needed and will provide appropriate assistance in the filing of the
					 complaint.
B. Complaint information
					 may also be made available to any appropriate federal, state or local agency
					 having an interest in the matter. In making available such information, steps
					 will be taken to protect the confidentiality of any informant or complainant
					 where desired by the informant or complainant.
C. The administrator or his designee may
					 counsel with an aggrieved party about the facts and circumstances which
					 constitute the alleged discriminatory housing practices. If the facts and
					 circumstances do not constitute discriminatory housing practices, the
					 administrator or his designee shall so advise the aggrieved party. If the facts
					 and circumstances constitute alleged discriminatory housing practices, the
					 administrator or his designee shall assist the aggrieved party in perfecting a
					 complaint.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-310 - Who may file a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
Any aggrieved person or the administrator on behalf of
						the board may file a complaint no later than one year after an alleged
						discriminatory housing practice has occurred or terminated. The complaint may
						be filed with the assistance of an authorized representative of an aggrieved
						person, including any organization acting on behalf of an aggrieved
						person.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-320 - Persons against whom complaints may be filed

Current through Register Vol. 40, No. 24, July 15, 2024
A. A complaint may be filed against any
					 person alleged to be engaged, to have engaged, or to be about to engage, in a
					 discriminatory housing practice.
B.
					 A complaint may also be filed against any person who directs or controls, or
					 has the right to direct or control, the conduct of another person with respect
					 to any aspect of the sale, rental, advertising, or financing of dwellings, or
					 the provision of brokerage services relating to the sale or rental of dwellings
					 if that other person, acting within the scope of his authority as employee or
					 agent of the directing or controlling person, is engaged, has engaged, or is
					 about to engage, in a discriminatory housing practice.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-330 - Filing a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
Aggrieved persons may provide information to be
						contained in a complaint by telephone to fair housing office staff. Staff in
						the fair housing office will reduce information provided by telephone to
						writing on the prescribed complaint form and send the form to the aggrieved
						person to be signed and affirmed in accordance with
						18VAC135-50-340
						A.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-340 - Form and content of a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each complaint must be in writing and must
					 be signed and affirmed by the aggrieved person filing the complaint or if the
					 complaint is filed by the administrator on behalf of the board, it must be
					 signed and affirmed by the administrator. The signature and affirmation may be
					 made at any time during the investigation. The affirmation shall state "I
					 declare under penalty of perjury that the foregoing is true and
					 correct."
B. The administrator may
					 require complaints to be made on prescribed forms. The complaint forms will be
					 available through the Department of Professional and Occupational Regulation.
					 Notwithstanding any requirement for use of a prescribed form, the Department of
					 Professional and Occupational Regulation will accept any written statement
					 which substantially sets forth the allegations of a discriminatory housing
					 practice under the fair housing law (including any such statement filed with a
					 substantially equivalent local agency) as a fair housing law complaint.
					 Personnel in the fair housing office will provide appropriate assistance in
					 filling out forms and filing a complaint.
C. Each complaint must contain substantially
					 the following information:
1. The name and
					 address of the aggrieved person.
2.
					 The name and address of the respondent.
3. A description and address of the dwelling
					 which is involved, if appropriate.
4. A concise statement of the facts,
					 including pertinent dates, constituting the alleged discriminatory housing
					 practice.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-350 - Date of filing of a complaint

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as provided in subsection B of this
					 section, a complaint is filed when it is received by the board or dual filed
					 with the federal government in a form that reasonably meets the standards of
					 18VAC135-50-340.
B. The administrator may determine that a
					 complaint is filed for the purposes of the one-year period for filing of
					 complaints upon submission of written information identifying the parties and
					 describing generally the alleged discriminatory housing practice. Written
					 information includes information provided by telephone and reduced to writing
					 by Fair Housing Office staff. A filed complaint can be signed at any time
					 during the investigation.
C. Where
					 a complaint alleges a discriminatory housing practice that is continuing, as
					 manifested in a number of incidents of such conduct, the complaint will be
					 timely if filed within one year of the last alleged occurrence of that
					 practice.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-360 - Amendment of complaint

Current through Register Vol. 40, No. 24, July 15, 2024
Complaints may be reasonably and fairly amended at any
						time. Such amendments may include, but are not limited to:
(i) amendments to cure technical defects or
					 omissions, including failure to sign or affirm a complaint,
(ii) to clarify or amplify the allegations in
					 a complaint, or
(iii) to join
					 additional or substitute respondents. Except for the purposes of notifying
					 respondents, under
					 18VAC135-50-380, amended
					 complaints will be considered as having been made as of the original filing
					 date.
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 III - Investigation and Conciliation of Complaints › Article 1 - Complaints › Section 18VAC135-50-370 - Service of notice on aggrieved person

Current through Register Vol. 40, No. 24, July 15, 2024
Upon the filing of a complaint, the administrator or his
						designee will notify, by certified mail or personal service, each aggrieved
						person on whose behalf the complaint was filed. The notice will:
1. Acknowledge the filing of the complaint
					 and state the date that the complaint was accepted for filing.
2. Include a copy of the complaint.
3. Advise the aggrieved person of the time
					 limits applicable to complaint processing and of the procedural rights and
					 obligations of the aggrieved person under the Virginia Fair Housing Law and
					 these regulations.
4. Advise the
					 aggrieved person of his right to commence a civil action under the fair housing
					 law, in state circuit court, not later than two years after the occurrence or
					 termination of the alleged discriminatory housing practice. The notice will
					 state that the computation of this two-year period excludes any time during
					 which an action arising from a breach of a conciliation agreement under the law
					 is pending.
5. Advise the aggrieved
					 person that retaliation against any person because he made a complaint or
					 testified, assisted, or participated in an investigation or conciliation under
					 these regulations is a discriminatory housing practice that is prohibited under
					 the law and these regulations.
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 III - Investigation and Conciliation of Complaints › Article 2 - Responses › Section 18VAC135-50-390 - Respondent may file response

Current through Register Vol. 40, No. 24, July 15, 2024
The respondent may file an answer after receipt of the
						notice described in
						18VAC135-50-380. The respondent
						may assert any defense that might be available to a defendant in a court of
						law. The answer must be in writing under oath or affirmation by the respondent.
						The affirmation must state: "I declare under penalty of perjury that the
						foregoing is true and correct."
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 III - Investigation and Conciliation of Complaints › Article 3 - Investigations › Section 18VAC135-50-400 - Investigations

Current through Register Vol. 40, No. 24, July 15, 2024
A. Upon the filing
					 of a complaint, the administrator shall investigate the allegations. The
					 purposes of an investigation are:
1. To
					 obtain information concerning the events or transactions that relate to the
					 alleged discriminatory housing practice identified in the complaint.
2. To document policies or practices of the
					 respondent involved in the alleged discriminatory housing practice raised in
					 the complaint.
3. To develop
					 factual data necessary for the administrator on behalf of the board to make a
					 recommendation whether reasonable cause exists to believe that a discriminatory
					 housing practice has occurred or is about to occur, and to take other actions
					 provided under this part.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part III - Investigation and Conciliation of Complaints › Article 3 - Investigations › Section 18VAC135-50-410 - Systemic processing

Current through Register Vol. 40, No. 24, July 15, 2024
Where the administrator determines that the alleged
						discriminatory practices contained in a complaint are pervasive or
						institutional in nature, or that the processing of the complaint will involve
						complex issues, novel questions of fact or law, or will affect a large number
						of persons, the administrator may identify the complaint for systemic
						processing. This determination can be based on the face of the complaint or on
						information gathered in connection with an investigation. Systemic
						investigations may focus not only on documenting facts involved in the alleged
						discriminatory housing practice that is the subject of the complaint but also
						on review of other policies and procedures related to matters under
						investigation, to make sure that they also comply with the nondiscrimination
						requirements of the law.
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 III - Investigation and Conciliation of Complaints › Article 3 - Investigations › Section 18VAC135-50-420 - Conduct of investigation

Current through Register Vol. 40, No. 24, July 15, 2024
A. In
					 conducting investigations under these regulations, the voluntary cooperation of
					 all persons will be sought to obtain access to premises, records, documents,
					 individuals, and other possible sources of information; to examine, record, and
					 copy necessary materials; and to take and record testimony or statements of
					 persons reasonably necessary for the furtherance of the
					 investigation.
B. The administrator
					 and the respondent may conduct discovery in aid of the investigation by the
					 same methods and to the same extent that parties may conduct discovery in a
					 court of law. The administrator or his designee, on behalf of the board, shall
					 also have the power to issue subpoenas described under the law, in support of
					 the investigation.
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 III - Investigation and Conciliation of Complaints › Article 3 - Investigations › Section 18VAC135-50-430 - Cooperation with federal agencies

Current through Register Vol. 40, No. 24, July 15, 2024
The administrator, in processing complaints under the
						Virginia Fair Housing Law, may seek the cooperation and utilize the services of
						federal, state and local agencies, including any agency having regulatory or
						supervisory authority over financial institutions.
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 III - Investigation and Conciliation of Complaints › Article 3 - Investigations › Section 18VAC135-50-440 - Completion of investigation

Current through Register Vol. 40, No. 24, July 15, 2024
The investigation will remain open until a determination
						regarding reasonable cause is made, the board determines that the matter
						involves the legality of local zoning or land use laws or ordinances, or a
						conciliation agreement is executed and approved.
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 III - Investigation and Conciliation of Complaints › Article 3 - Investigations › Section 18VAC135-50-450 - Final investigative report

Current through Register Vol. 40, No. 24, July 15, 2024
At the end of each investigation under this article, the
						administrator or his designee will prepare a final investigative report. The
						investigative report will contain the names and dates of contacts with
						witnesses, except that the report will not disclose the names of witnesses who
						request anonymity. The board, however, may be required to disclose the names of
						such witnesses in the course of a civil action under the fair housing
						law.
Notwithstanding the prohibitions and requirements with
						respect to disclosure of information contained in
						18VAC135-50-510, the administrator
						will make information derived from an investigation, including the final
						investigative report, available to the aggrieved person and the respondent.
						Following the completion of an investigation, the administrator shall notify
						the aggrieved person and the respondent that the final investigative report is
						complete and will be provided upon request.
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 III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-460 - Conciliation process

Current through Register Vol. 40, No. 24, July 15, 2024
In conciliating a complaint, the administrator will
						attempt to achieve a just resolution of the complaint and to obtain assurances
						that the respondent will satisfactorily remedy any violations of the rights of
						the aggrieved person, and take such action as will assure the elimination of
						discriminatory housing practices, or the prevention of their occurrence, in the
						future.
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 III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-470 - Conciliation agreement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 terms of a settlement of a complaint will be reduced to a written conciliation
					 agreement. The conciliation agreement shall seek to protect the interests of
					 the aggrieved person, other persons similarly situated, and the public
					 interest. The types of relief that may be sought for the aggrieved person are
					 described in
					 18VAC135-50-480 and the Virginia
					 Fair Housing Law. The provisions that may be sought for the vindication of the
					 public interest are described in
					 18VAC135-50-490.
B. The agreement must be executed by the
					 respondent and the complainant. The agreement is subject to the approval of the
					 board.
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 III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-480 - Relief sought for aggrieved persons during conciliation

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
					 types of relief may be sought for aggrieved persons in conciliation:
1. Monetary relief in the form of
					 compensatory and punitive damages and attorney fees;
2. Other equitable relief including, but not
					 limited to, access to the dwelling at issue, or to a comparable dwelling, the
					 provision of services or facilities in connection with a dwelling, or other
					 specific relief; or
3. Injunctive
					 relief appropriate to the elimination of discriminatory housing practices
					 affecting the aggrieved person or other persons.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-490 - Conciliation provisions relating to public interest

Current through Register Vol. 40, No. 24, July 15, 2024
The following are types of provisions that may be sought
						for the vindication of the public interest:
1. Elimination of discriminatory housing
					 practices.
2. Prevention of future
					 discriminatory housing practices.
3. Remedial affirmative activities to
					 overcome discriminatory housing practices.
4. Reporting requirements.
5. Monitoring and enforcement
					 activities.
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 III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-500 - Termination of conciliation process

Current through Register Vol. 40, No. 24, July 15, 2024
A. The administrator may terminate his
					 efforts to conciliate the complaint if the respondent fails or refuses to
					 confer with the administrator or his designee; the aggrieved person or the
					 respondent fails to make a good faith effort to resolve any dispute; or the
					 administrator finds, for any reason, that voluntary agreement is not likely to
					 result.
B. Where the aggrieved
					 person has commenced a civil action under federal law or a state law seeking
					 relief with respect to the alleged discriminatory housing practice, and the
					 trial in the action has commenced, the administrator will terminate
					 conciliation unless the court specifically requests assistance from the
					 board.
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 III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-510 - Disclosure of information obtained during conciliation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as provided in subsection B of this
					 section and
					 18VAC135-50-450 C, nothing that is
					 said or done in the course of conciliation under this article may be made
					 public or used as evidence in subsequent civil actions under the Virginia Fair
					 Housing Law or this chapter without the written consent of the persons
					 concerned.
B. Conciliation
					 agreements shall be made public, unless the aggrieved person and respondent
					 request nondisclosure and the board determines that disclosure is not required
					 to further the purposes of the fair housing law. Notwithstanding a
					 determination that disclosure of a conciliation agreement is not required, the
					 board may publish tabulated descriptions of the results of all conciliation
					 efforts.
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 III - Investigation and Conciliation of Complaints › Article 4 - Conciliation › Section 18VAC135-50-520 - Review of compliance with conciliation agreement

Current through Register Vol. 40, No. 24, July 15, 2024
The administrator may, from time to time, review
						compliance with the terms of any conciliation agreement. Whenever there is
						reasonable cause to believe that a respondent has breached a conciliation
						agreement, the board shall refer the matter to the Attorney General with a
						recommendation for the filing of a civil action under the Virginia Fair Housing
						Law for the enforcement of the terms of the conciliation
						agreement.
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 III - Investigation and Conciliation of Complaints › Article 5 - Issuance of a Charge › Section 18VAC135-50-530 - Reasonable cause determination

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 The reasonable cause determination will be based solely on the facts concerning
					 the alleged discriminatory housing practice, provided by complainant and
					 respondent and otherwise disclosed during the investigation. In making the
					 reasonable cause determination, the board shall consider whether the facts
					 concerning the alleged discriminatory housing practice are sufficient to
					 warrant the initiation of a civil action in the appropriate state
					 court.
B. In all cases not
					 involving the legality of local zoning or land use laws or ordinances:
1. If the board determines that reasonable
					 cause exists, the board will issue a charge under § 36-96.14 of the fair
					 housing law and these regulations on behalf of the aggrieved person, and shall
					 notify the aggrieved person and the respondent of this determination by
					 certified mail or personal service.
2. If a no reasonable cause determination is
					 made, the board shall: Issue a short and plain written statement of the facts
					 upon which the no reasonable cause determination was based; dismiss the
					 complaint; notify the aggrieved person and the respondent of the dismissal
					 (including the written statement of facts) in writing within 30 days of such
					 determination by certified mail or personal service; and make public disclosure
					 of the dismissal.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part III - Investigation and Conciliation of Complaints › Article 5 - Issuance of a Charge › Section 18VAC135-50-540 - Local zoning and land use

Current through Register Vol. 40, No. 24, July 15, 2024
If the board determines that the matter involves the
						legality of local zoning or land use laws or ordinances, in lieu of making a
						determination regarding reasonable cause, the investigative materials shall be
						referred to the Attorney General for appropriate action under the fair housing
						law, and shall notify the aggrieved person and the respondent of this action by
						certified mail or personal service.
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 III - Investigation and Conciliation of Complaints › Article 5 - Issuance of a Charge › Section 18VAC135-50-550 - Pending private civil action

Current through Register Vol. 40, No. 24, July 15, 2024
The board may not issue a charge regarding an alleged
						discriminatory housing practice if an aggrieved person has commenced a civil
						action under federal law or a state law seeking relief with respect to the
						alleged discriminatory housing practice, and the trial in the action has
						commenced. If a charge may not be issued because of the commencement of such a
						trial, the board will so notify the aggrieved person and the respondent by
						certified mail or personal service.
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 III - Investigation and Conciliation of Complaints › Article 5 - Issuance of a Charge › Section 18VAC135-50-560 to 18VAC135-50-590

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 135 - REAL ESTATE BOARD › Chapter 50 - FAIR HOUSING REGULATIONS › Part III - Investigation and Conciliation of Complaints › Section (18VAC135-50) - DOCUMENTS INCORPORATED BY REFERENCE

Current through Register Vol. 40, No. 24, July 15, 2024
ANSI A117.1-1986, American National Standard for Buildings
					 and Facilities-providing accessibility and usability for physically handicapped
					 people, American National Standards Institute, Inc.
Reasonable
					 Modifications under the Fair Housing Act, Joint Statement of the Department of
					 Housing and Urban Development and the Department of Justice, March 5, 2008,
					 Office of Fair Housing and Equal Opportunity, United States Department of
					 Housing and Urban Development and the Civil Rights Division, United States
					 Department of Justice, Washington, D.C
.
Reasonable
					 Accommodations under the Fair Housing Act, Joint Statement of the Department Of
					 Housing and Urban Development and the Department of Justice, May 17, 2004,
					 Office of Fair Housing and Equal Opportunity, United States Department of
					 Housing and Urban Development and the Civil Rights Division, United States
					 Department of Justice, Washington, D.C
.
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 140 - BOARD OF SOCIAL WORK › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part I - Purpose and Definitions › Section 18VAC140-11-10 - Purpose

Current through Register Vol. 40, No. 24, July 15, 2024
The purpose of this chapter is to promote public
					 involvement in the development, amendment or repeal of the regulations of the
					 Board of Social Work. This chapter does not apply to regulations, guidelines,
					 or other documents exempted or excluded from the provisions of the
					 Administrative Process Act (§ 2.2-4000 et seq. of the Code of
					 Virginia).
Statutory Authority
§§ 2.2-4007.02 and 54.1-2400 of the Code of
						Virginia.