Fair Housing - Persons With A Disability

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 common use areas must be readily accessible to and usable by persons with disabilities.  Doors must be wide enough for passage of a wheelchair.  They must also contain an accessible route into and through the dwelling which include accessible locations of:

• light switches
• electrical outlets
• thermostats
• other environmental controls
• reinforcements in the bathroom walls to allow for later installation of grab bars
• usable kitchens
• bathrooms that an individual in a wheelchair can maneuver about the space

Also, be aware that a multi-family dwelling is defined in this section as four or more units if the building have one or more elevators and ground floor units in other buildings.

So, basically, in a nutshell, people with disabilities cannot be discriminated against based on their disability and they can make modifications at their own expense.

If you have any further questions, or you believe you may be experiencing discrimination because of your disability, please contact HUD, Housing Opportunities Made Equal (HOME) or a real estate attorney for additional clarification.