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Practice Of Real EstateFair_housingHARD

A property management company in Virginia operates a large apartment complex. The company has a written policy that it will not accept any form of government-issued rental assistance but will accept all other forms of payment, including personal checks, money orders, and bank transfers. A prospective tenant who relies on a Veterans Affairs Supportive Housing (VASH) voucher is denied tenancy under this policy. The company argues that its policy is neutral because it applies equally to all government assistance programs. Under Virginia's Fair Housing Law, which of the following most accurately describes the legal analysis?

Correct Answer

B) The policy violates source of funds protection and may also implicate military status because VASH vouchers are tied to veteran status

Virginia's Fair Housing Law (Va. Code § 36-96.1 et seq.) protects both 'source of funds' and 'military status' as distinct classes. A policy refusing all government rental assistance violates the source of funds protection because VASH vouchers are a lawful source of funds. Additionally, because VASH vouchers are exclusively available to veterans experiencing homelessness, the policy may also implicate military status discrimination, since it disproportionately — and perhaps exclusively — affects veterans. A facially neutral policy that has a discriminatory effect on a protected class can constitute disparate impact discrimination under Virginia law.

Answer Options
A
The policy is lawful because it is facially neutral and applies equally to all government assistance programs
B
The policy violates source of funds protection and may also implicate military status because VASH vouchers are tied to veteran status
C
The policy is lawful because VASH is a federal program and Virginia law only covers state-issued assistance
D
The policy violates only the military status protection because VASH is exclusively for veterans

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Related Topics & Key Terms

Key Terms:

fair_housingsource_of_fundsmilitary_statusvash_voucherdisparate_impactexpert_trapstate_specific

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