A Virginia landlord owns a 10-unit apartment complex. He refuses to rent to applicants who are 56 years old or older, claiming his building is 'a young professional community.' A 56-year-old applicant who is also a same-sex couple files a fair housing complaint. The landlord argues that age is not a protected class under the federal Fair Housing Act and that his policy is legal. Which of the following best evaluates the landlord's argument under Virginia law?
Correct Answer
C) The landlord's argument is incorrect; Virginia adds elderliness (55+) and sexual orientation as protected classes, making both aspects of the refusal potentially unlawful
Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.) extends beyond federal law by adding 'elderliness' (age 55+) and 'sexual orientation' as protected classes. The landlord's blanket policy against applicants 56 and older violates the elderliness protected class (since 56 exceeds the 55-year threshold). The refusal based on the couple being same-sex violates the sexual orientation protected class. The landlord's reliance on federal law is a classic exam trap — Virginia independently provides these protections.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
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