Recording-2025-03-13T12:53:33.368Z

Fair Housing Overview

• Federal Fair Housing Law: Must be followed by all states.

  • States can add to federal laws but cannot omit them.

  • Test Example: States fair housing does not trump federal; it adds protections.

  • Key Protections in Virginia:

    • Elderly status: 55 and older are protected.

    • Source of funds and military status.

Key Definitions and Concepts

• Elderliness in Virginia: Defined as 55+ years of age; significant for test questions.

• New Protections: Gender identity and sexual orientation are now recognized under federal law.

Personal Experience Story

• Example of using terms like "guys" that may trigger sensitivity:

  • Encounter with a couple undergoing identity transition.

  • Importance of language sensitivity in housing situations.

Federal vs. State Fair Housing

• Federal Protections: Include religion, national origin, color.

• Test Question: Scenarios on violations of fair housing laws.

• Exemptions to Fair Housing Laws:

  • Owner-occupied units with three homes or fewer.

  • Religious organizations and private clubs.

  • Situations presenting a clear danger.

  • Example: Homeowner preferences not falling under fair housing violations.

Rent and Roommate Situations

• Female Seeking Female Roommate: Not a violation under federal law due to owner preferences.

• A personal insight into why advertisers must be cautious in tenant preferences.

Denial Based on Source of Income

• Denying Section 8 housing:

  • Allowed if the landlord owns fewer than four rental units.

  • For more than four units, must consider applicants from Section 8.

Fair Housing Violations

• Unlawful Practices: Refusal to rent, discriminatory terms, misleading advertising are violations.

• Example: Direct refusal by homeowners based on race or family status.

Blockbusting, Redlining, and Steering

• Steering: Guiding potential buyers to certain demographics.

• Blockbusting: Using fear to induce property sales.

• Redlining: Denying loans based on location rather than individual qualifications.

Disability and Reasonable Accommodations

• ADA: Americans with Disabilities Act prohibits discrimination against disabled individuals.

  • Landlords must allow modifications at the tenant's expense.

• Test Question: Homeowners are not responsible for the cost of reasonable accommodations (e.g., ramps).

Fair Housing Investigation Process

• Filing a Complaint: Victims have one year to file with the board, two years to file in court.

• Investigation Timeline: 100 days to complete investigations of violations.

• Penalties for Violations: 50,000 for first violation, 100,000 for subsequent violations; includes cease and desist orders and attorney fees.

Specific Virginia Fair Housing Regulations

• Virginia Fair Housing Law: More restrictive than federal, includes military status and source of income protections.

• Test Question Reminder: 55+ years defined for elderliness vs. general 65+ discounts in the community.

Resale Documents in HOAs and Condos

• Immediate provision of resale documents is mandatory and not part of contingent agreements.

• Landlord-Tenant Law: Applies to all residential leases; landlords must provide rules upon tenant's arrival.

Tenant and Landlord Obligations

• Tenants have five days to pay overdue rent and 21 days to correct lease violations.

• Landlords have 30 days to address significant repairs requested by tenants.

Summary of Utility Responsibilities

• Miss Utility: Call 48 hours before any digging is required to prevent damage to underground utilities.

• Colored Markings: Red (electric), yellow (gas), blue (water), orange (cables).

Condominium and Property Owner Regulations

• Approval necessary from associations for significant unit changes.

• New laws regarding Virginia Property Owners Associations replacing traditional HOA terms.

• Ensuring that units in mixed-use developments abide by community regulations.

Final Notes

• Assessments for common areas are usually included in HOA fees.

• Noise regulations are critical in maintaining neighborhood harmony.

• Essential knowledge for the exam includes understanding these laws and regulations.