10101406D
HOUSE BILL NO. 103
Offered January 13, 2010
Prefiled January 5, 2010
A BILL to amend and reenact § 36-96.2 of the Code of
Virginia, relating to the Fair Housing Law; exceptions.
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Patrons-- Loupassi and Albo
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Referred to Committee on General Laws
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Be it enacted by the General Assembly of Virginia:
1. That § 36-96.2 of the Code of Virginia is
amended and reenacted as follows:
§36-96.2. Exemptions.
A. Except as provided in
subdivision A 3 of §36-96.3 and subsections A, B, and C of §36-96.6, this
chapter shall not apply to any single-family house sold or rented by an owner,
provided that such private individual does not own more than three
single-family houses at any one time. In the case of the sale of any
single-family house by a private individual-owner not residing in the house at
the time of the sale or who was not the most recent resident of the house prior
to sale, the exemption granted shall apply only with respect to one such sale
within any 24-month period; provided that such bona fide private individual
owner does not own any interest in, nor is there owned or reserved on his
behalf, under any express or voluntary agreement, title to or any right to all
or a portion of the proceeds from the sale or rental of, more than three such
single-family houses at any one time. The sale or rental of any such
single-family house shall be exempt from the application of this chapter only
if the house is sold or rented (i) without the use in any manner of the sales
or rental facilities or the sales or rental services of any real estate broker,
agent, salesperson, or of the facilities or the services of any person in the
business of selling or renting dwellings, or of any employee, independent
contractor, or agent of any broker, agent, salesperson, or person and (ii)
without the publication, posting, or mailing, after notice, of any
advertisement or written notice in violation of this chapter. However, nothing
herein shall prohibit the use of attorneys, escrow agents, abstractors, title
companies, and other professional assistance as necessary to perfect or transfer
the title. This exemption shall not apply to or inure to the benefit of any
licensee of the Real Estate Board or regulant of the Fair Housing Board,
regardless of whether the licensee is acting in his personal or professional
capacity.
B. Except
for subdivision A 3 of §36-96.3, this chapter shall not apply to rooms or
units in dwellings containing living quarters occupied or intended to be
occupied by no more than four families living independently of each other, if
the owner actually maintains and occupies one of such living quarters as his
residence.
CB. Nothing in this chapter
shall prohibit a religious organization, association or society, or any
nonprofit institution or organization operated, supervised, or controlled by or
in conjunction with a religious organization, association or society, from
limiting the sale, rental, or occupancy of dwellings that it owns or operates
for other than a commercial purpose to persons of the same religion, or from
giving preferences to such persons, unless membership in such religion is
restricted on account of race, color, national origin, sex, elderliness,
familial status, or handicap. Nor shall anything in this chapter apply to a
private membership club not in fact open to the public, which as an incident to
its primary purpose or purposes provides lodging which it owns or operates for
other than a commercial purpose, from limiting the rental or occupancy of such
lodgings to its members or from giving preference to its members. Nor, where
matters of personal privacy are involved, shall anything in this chapter be
construed to prohibit any private, state-owned or state-supported educational
institution, hospital, nursing home, religious or correctional institution,
from requiring that persons of both sexes not occupy any single-family
residence or room or unit of dwellings or other buildings, or restrooms in such
room or unit in dwellings or other buildings, which it owns or operates.
DC. Nothing in this chapter
prohibits conduct against a person because such person has been convicted by
any court of competent jurisdiction of the illegal manufacture or distribution
of a controlled substance as defined in federal law.
ED. It shall not be unlawful
under this chapter for any owner to deny or limit the rental of housing to
persons who pose a clear and present threat of substantial harm to others or to
the dwelling itself.
FE. A rental application may
require disclosure by the applicant of any criminal convictions and the owner
or managing agent may require as a condition of acceptance of the rental
application that applicant consent in writing to a criminal record check to
verify the disclosures made by applicant in the rental application. The owner
or managing agent may collect from the applicant moneys to reimburse the owner
or managing agent for the exact amount of the out-of-pocket costs for such
criminal record checks. Nothing in this chapter shall require an owner or
managing agent to rent a dwelling to an individual who, based on a prior record
of criminal convictions involving harm to persons or property, would constitute
a clear and present threat to the health or safety of other individuals.
GF. Nothing in this chapter
limits the applicability of any reasonable local, state or federal restriction
regarding the maximum number of occupants permitted to occupy a dwelling.
Owners or managing agents of dwellings may develop and implement reasonable
occupancy and safety standards based on factors such as the number and size of
sleeping areas or bedrooms and overall size of a dwelling unit so long as the
standards do not violate local, state or federal restrictions. Nothing in this
chapter prohibits the rental application or similar document from requiring
information concerning the number, ages, sex and familial relationship of the
applicants and the dwelling's intended occupants.
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