Trans Rights and Virginia Fair Housing Law
You should know:
Virginia fair housing law protects trans rights
The Code of Virginia makes it clear: trans discrimination in housing is unlawful.
§ 36-96.3. Unlawful discriminatory housing practices
A. It shall be an unlawful discriminatory housing practice for any person to:
1. Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, or military status;
But with federal support waning, you may have questions.
I’ve been discriminated against in housing because of my orientation or gender identity. Can I…
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- File a complaint with the Virginia Fair Housing Office at this link? Yes! Orientation and gender identity are protected under VA state law and the fair housing board will investigate such claims.
- File a lawsuit in state court under the Virginia Fair Housing Law? Yes! Orientation and gender identity are protected under VA state law and courts will hear this complaint.
- File a HUD complaint? For now. But consider filing with the Virginia Fair Housing Office instead. HUD reviews administrative complaints of discrimination based on sexual orientation and gender identity because of the 20 January 2021 Executive Order 13988. Though this order hasn’t yet been rescinded, the administration may slow or halt investigations based on sexual orientation and gender identity in the near future. Employment discrimination investigations have already been frozen in this way.
- File a lawsuit in federal court under the federal Fair Housing Act: Yes! Although the 2021 Executive Order may be in jeopardy, the Supreme Court in Bostock v. Clayton County still holds that discrimination based on gender identity or orientation are covered as discrimination based on sex, meaning a federal court will hear this complaint.
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