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Practice Of Real EstateState_specificHARD

A property management company in Virginia manages residential rentals on behalf of several property owners. One of the owners instructs the property manager in writing to refuse to rent to applicants who use Section 8 housing vouchers. The property manager is considering whether to follow this instruction. Under Virginia law, what is the correct course of action?

Correct Answer

C) The property manager must refuse to follow the instruction because discriminating based on source of funds is prohibited under Virginia's Fair Housing Law.

Under Va. Code § 36-96.3, Virginia's Fair Housing Law includes 'source of funds' as a protected class, which explicitly covers housing choice vouchers (Section 8). Refusing to rent to an applicant because they use a Section 8 voucher is illegal housing discrimination in Virginia. A licensed property manager who follows such an instruction would be personally liable for a fair housing violation. The fact that source of funds is not a federal protected class is irrelevant — Virginia's broader state law controls.

Answer Options
A
The property manager should follow the owner's written instruction because the owner has the right to select tenants for their own property.
B
The property manager should follow the instruction only if the owner provides a written business justification for the policy.
C
The property manager must refuse to follow the instruction because discriminating based on source of funds is prohibited under Virginia's Fair Housing Law.
D
The property manager may follow the instruction because source of funds is not a protected class under the federal Fair Housing Act.

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Related Topics & Key Terms

Key Terms:

source_of_fundsfair_housingsection_8property_managementvirginia_protected_classes

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