Housing Discrimination: What Protections Do I Have?
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Some types of unfair treatment by landlords are against the law. This is called housing discrimination.
Discrimination can be hard to fight in court, and outcomes are not always certain. If you think your landlord is treating you unfairly because of who you are, talk to a lawyer about your situation.
What is housing discrimination?
Housing discrimination is when a landlord treats you unfairly because of who you are. Your landlord should not treat you differently because of your:
- Race
- Color
- Religion
- National origin
- Sex
- Age
- Where your rent money comes from, called source of funds
- Having children, called familial status
- Sexual orientation
- Gender identity
- Disability
- Military status
What does illegal discrimination look like?
Illegal discrimination can take many forms. For example:
- A landlord does not renew your lease because you had a baby.
- A landlord refuses to accept rent from the government or a charity.
- A landlord refuses to let you keep a therapy animal you need.
Are there any exceptions?
Yes. A small landlord with four or fewer rental units can legally choose not to accept rent payments from certain sources, like a Section 8 voucher or a charity. This is called the small landlord exception.
What should I do if I think I've been discriminated against?
Start by collecting any evidence you have:
- Letters or emails from your landlord.
- Text messages with your landlord.
- Reports you made to government offices about your home or landlord.
- Names of people who saw or heard what happened and who are willing to talk.
Then report it:
- Virginia's Fair Housing Office investigates housing discrimination.
- HOME of Virginia enforces fair housing.
You can file with both the Fair Housing Office and HOME.
Important: Your landlord cannot punish you for reporting what you think is discrimination, even if you turn out to be wrong. Read more on retaliation.
Where can I get help?
- File a discrimination claim with Virginia's Fair Housing Office and HOME of Virginia.
- Legal aid may be able to help with discrimination or retaliation. To find an office near you, visit virginialawhelp.org/get-legal-help or call 866-LEGLAID (866-534-5243).
- Ask a lawyer online for free: virginia.freelegalanswers.org.
- If you do not qualify for legal aid, you can get a low-cost consultation from Virginia Lawyer Referral Service. Visit vsb.org/Site/VLRS/Public/Referral-1.aspx or call 800-552-7977.