Behind The Real Estate Curtain

According to Virginia state law 36-96.3 it shall be unlawful to, based on the protected classes:   Refuse to sell or rent after receiving a bona fide offer or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person. Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in the connection with the dwelling. To make 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 or intention to make a preference, limitation, or discrimination.  To represent to any person that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. To include in any transfer, sale, rental, or lease of housing, any restrictive covenant that discriminates because of the protected classes or f...

So, you have found the perfect rental property that you just love.  But, you need accommodations because of your disability that will allow you to enjoy the property.  What is the definition of “reasonable accommodations”?  Virginia state law 36-96.3:2 outlines what is reasonable and what isn’t. According to Virginia law, your request is reasonable if: An accommodation is necessary to afford you an equal opportunity to use and enjoy the dwelling The accommodation does not impose an undue financial and administrative burden on the person receiving the request.  The accommodation does not impose a fundamental alteration to the nature of the operations of the person receiving the request If you can answer yes to each of the above, the request for the accommodation, according to the Virginia state law, is reasonable and shall be granted. If the answer is “no” to any of the three statements above, The person receiving the request shall offer to enga...

Virginia state law 36-96.3 protects persons with disabilities against discrimination by requiring that property owners not discriminate against that person, or anyone associated with that person in the terms, conditions or privileges of the sale or rental of a dwelling.  They also cannot discriminate in the provision of services or facilities in connection with the dwelling because of a handicap. The law further states that discrimination includes refusing to allow the person to make reasonable modification of the premises if the modifications are necessary for the occupant to fully enjoy the premises.  The law does state that if the property is a rental the landlord may require that the property is restored to the original conditions before the modifications. It must be noted that all of these modifications and restorations are at the expense of the occupant. With regard to multi-family dwellings for first occupancy after March 13, 1991, the public and comm...

Virginia is a “Buyer Beware” state.  That means that it is incumbent on the buyer of any real estate to perform their due diligence to ensure that what they think they are buying is what they are really buying. All that fancy verbiage means “It’s up to you to investigate the real estate BEFORE you sign the papers to purchase.” Additionally, if you are SELLING a property, it’s up to you to understand the legal requirements of the jurisdiction the property is located before you offer the property for sale.  There are many agents who understand the requirements of the jurisdictions and they should point you in the direction of the source of the requirements.  In other words, they should be the source of the source.  They should be able to direct you to the source that can answer your questions.  If they are not a licensed contractor, they may have the knowledge about certain requirements, but it is BEST PRACTICES if they direct you to the actual sou...

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Several years ago the words “assistance animal” conjured thoughts of dogs helping visually impaired, deaf people and people in wheelchairs.  Today, that may not be the case.  According to Virginia state law 36-96.1:1, assistance animals are defined as an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. … An assistance animal is not required to be individually trained or certified. While dogs are the most common type of assistance animal, other animals can also be assistance animals. An assistance animal is not a pet.” According to Virginia state code 36-96.3:1, a person with a disability who has an assistance animal shall comply with the rental agreement or any rules and regulations of the property owner that all other residents must follow as long as they don’t interfere with the...