{"law_id":"777591","section_number":"36-96.7","catch_line":"Familial status protection not applicable to housing for older persons","history":"1991, c. 557; 1992, c. 322; 2000, c. 30.","order_by":null,"metadata":false,"court_decisions":{},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/36-96.7\/","refers_to":false,"url":"\/36-96.7\/","token":"36\/5.1\/36-96.7","structure":{"1":{"id":"87","name":"Virginia Fair Housing Law","identifier":"5.1","label":"chapter","url":"\/36\/5.1\/"},"2":{"id":"86","name":"Housing","identifier":"36","label":"title","url":"\/36\/"}},"referred_to_by":[{"id":"765041","section_number":"36-96.1:1","catch_line":"Definitions","url":"\/36-96.1:1\/"},{"id":"791086","section_number":"36-96.2","catch_line":"Exemptions","url":"\/36-96.2\/"}],"edition_id":"11","section_id":"777591","structure_id":"87","full_text":"A Nothing in this chapter regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, “housing for older persons” means housing: (i) provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (ii) intended for, and solely occupied by, persons sixty-two years of age or older; or (iii) intended for, and solely occupied by, at least one person fifty-five years of age or older per unit. The following criteria shall be met in determining whether housing qualifies as housing for older persons under clause (iii) of this subsection:\r\rB Housing shall not fail to meet the requirements for housing for older persons by reason of:\r\r","text":{"0":{"id":"2507392","text":"Nothing in this chapter regarding unlawful discrimination because of familial status shall apply to housing for older persons. As used in this section, “housing for older persons” means housing: (i) provided under any state or federal program that is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (ii) intended for, and solely occupied by, persons sixty-two years of age or older; or (iii) intended for, and solely occupied by, at least one person fifty-five years of age or older per unit. The following criteria shall be met in determining whether housing qualifies as housing for older persons under clause (iii) of this subsection:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2507393","text":" At least eighty percent of the occupied units are occupied by at least one person fifty-five years of age or older per unit; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2},"2":{"id":"2507394","text":" The publication of, and adherence to, policies and procedures which demonstrate an intent by the owner or manager to provide housing for persons fifty-five years of age or older.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2},"3":{"id":"2507395","text":"Housing shall not fail to meet the requirements for housing for older persons by reason of:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"4":{"id":"2507396","text":" Persons residing in such housing as of September 13, 1988, who do not meet the age requirements of clauses (ii) and (iii) of subsection A, provided that new occupants of such housing meet the age requirements of those clauses; or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2},"5":{"id":"2507397","text":" Unoccupied units, provided that such units are reserved for occupancy by persons who meet the provisions of clauses (ii) and (iii) of subsection A.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2}},"ancestry":{"1":{"id":"87","name":"Virginia Fair Housing Law","identifier":"5.1","label":"chapter","url":"\/36\/5.1\/"},"2":{"id":"86","name":"Housing","identifier":"36","label":"title","url":"\/36\/"}},"structure_contents":{"0":{"id":"781783","structure_id":"87","section_number":"36-96.1","catch_line":"Declaration of policy","url":"\/36-96.1\/","token":"36\/5.1\/36-96.1"},"1":{"id":"774376","structure_id":"87","section_number":"36-96.10","catch_line":"Procedures for investigation","url":"\/36-96.10\/","token":"36\/5.1\/36-96.10"},"2":{"id":"793992","structure_id":"87","section_number":"36-96.11","catch_line":"Reasonable cause determination and effect","url":"\/36-96.11\/","token":"36\/5.1\/36-96.11"},"3":{"id":"778541","structure_id":"87","section_number":"36-96.12","catch_line":"No reasonable cause determination and effect","url":"\/36-96.12\/","token":"36\/5.1\/36-96.12"},"4":{"id":"789887","structure_id":"87","section_number":"36-96.13","catch_line":"Conciliation","url":"\/36-96.13\/","token":"36\/5.1\/36-96.13"},"5":{"id":"780432","structure_id":"87","section_number":"36-96.14","catch_line":"Issuance of a charge","url":"\/36-96.14\/","token":"36\/5.1\/36-96.14"},"6":{"id":"795978","structure_id":"87","section_number":"36-96.15","catch_line":"Prompt judicial action","url":"\/36-96.15\/","token":"36\/5.1\/36-96.15"},"7":{"id":"765494","structure_id":"87","section_number":"36-96.16","catch_line":"Civil action by Attorney General upon referral of charge by the Real Estate Board","url":"\/36-96.16\/","token":"36\/5.1\/36-96.16"},"8":{"id":"784241","structure_id":"87","section_number":"36-96.17","catch_line":"Civil action by Attorney General; matters involving the legality of any local zoning or other land use ordinance; pattern or practice cases; or referral of conciliation agreement for enforcement","url":"\/36-96.17\/","token":"36\/5.1\/36-96.17"},"9":{"id":"767532","structure_id":"87","section_number":"36-96.18","catch_line":"Civil action; enforcement by private parties","url":"\/36-96.18\/","token":"36\/5.1\/36-96.18"},"10":{"id":"776608","structure_id":"87","section_number":"36-96.19","catch_line":"Witness fees","url":"\/36-96.19\/","token":"36\/5.1\/36-96.19"},"11":{"id":"765041","structure_id":"87","section_number":"36-96.1:1","catch_line":"Definitions","url":"\/36-96.1:1\/","token":"36\/5.1\/36-96.1:1"},"12":{"id":"791086","structure_id":"87","section_number":"36-96.2","catch_line":"Exemptions","url":"\/36-96.2\/","token":"36\/5.1\/36-96.2"},"13":{"id":"786498","structure_id":"87","section_number":"36-96.20","catch_line":"Additional powers of the Real Estate Board; action on real estate licenses","url":"\/36-96.20\/","token":"36\/5.1\/36-96.20"},"14":{"id":"772213","structure_id":"87","section_number":"36-96.21","catch_line":"Powers of counties, cities and towns","url":"\/36-96.21\/","token":"36\/5.1\/36-96.21"},"15":{"id":"777055","structure_id":"87","section_number":"36-96.22","catch_line":"Repealed","url":"\/36-96.22\/","token":"36\/5.1\/36-96.22"},"16":{"id":"783687","structure_id":"87","section_number":"36-96.23","catch_line":"Construction of law","url":"\/36-96.23\/","token":"36\/5.1\/36-96.23"},"17":{"id":"771240","structure_id":"87","section_number":"36-96.3","catch_line":"Unlawful discriminatory housing practices","url":"\/36-96.3\/","token":"36\/5.1\/36-96.3"},"18":{"id":"785695","structure_id":"87","section_number":"36-96.4","catch_line":"Discrimination in residential real estate-related transactions; unlawful practices by lenders, insurers, appraisers, etc.; deposit of state funds in such institutions","url":"\/36-96.4\/","token":"36\/5.1\/36-96.4"},"19":{"id":"774246","structure_id":"87","section_number":"36-96.5","catch_line":"Interference with enjoyment of rights of others under this chapter","url":"\/36-96.5\/","token":"36\/5.1\/36-96.5"},"20":{"id":"795552","structure_id":"87","section_number":"36-96.6","catch_line":"Certain restrictive covenants void; instruments containing such covenants","url":"\/36-96.6\/","token":"36\/5.1\/36-96.6"},"21":{"id":"777591","structure_id":"87","section_number":"36-96.7","catch_line":"Familial status protection not applicable to housing for older persons","url":"\/36-96.7\/","token":"36\/5.1\/36-96.7"},"22":{"id":"767961","structure_id":"87","section_number":"36-96.8","catch_line":"Powers of Real Estate Board and Fair Housing Board","url":"\/36-96.8\/","token":"36\/5.1\/36-96.8"},"23":{"id":"795646","structure_id":"87","section_number":"36-96.9","catch_line":"Procedures for receipt or initiation of complaint; notice to parties; filing of answer","url":"\/36-96.9\/","token":"36\/5.1\/36-96.9"}},"previous_section":{"id":"795552","structure_id":"87","section_number":"36-96.6","catch_line":"Certain restrictive covenants void; instruments containing such covenants","url":"\/36-96.6\/","token":"36\/5.1\/36-96.6"},"next_section":{"id":"767961","structure_id":"87","section_number":"36-96.8","catch_line":"Powers of Real Estate Board and Fair Housing Board","url":"\/36-96.8\/","token":"36\/5.1\/36-96.8"},"references":false,"formats":{"txt":"\/36-96.7.txt","json":"\/36-96.7.json","xml":"\/36-96.7.xml"},"dublin_core":{"Title":"Familial status protection not applicable to housing for older persons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-96.7","Relation":"Code of Virginia"},"plain_text":"                                 CODE OF VIRGINIA\n\nFAMILIAL STATUS PROTECTION NOT APPLICABLE TO HOUSING FOR OLDER PERSONS (\u00a7\n36-96.7)\n\nA. Nothing in this chapter regarding unlawful discrimination because of familial\nstatus shall apply to housing for older persons. As used in this section,\n“housing for older persons” means housing: (i) provided under any\nstate or federal program that is specifically designed and operated to assist\nelderly persons, as defined in the state or federal program; or (ii) intended\nfor, and solely occupied by, persons sixty-two years of age or older; or (iii)\nintended for, and solely occupied by, at least one person fifty-five years of\nage or older per unit. The following criteria shall be met in determining\nwhether housing qualifies as housing for older persons under clause (iii) of\nthis subsection:\n\n   1.  At least eighty percent of the occupied units are occupied by at least one\n   person fifty-five years of age or older per unit; and\n\n   2.  The publication of, and adherence to, policies and procedures which\n   demonstrate an intent by the owner or manager to provide housing for persons\n   fifty-five years of age or older.\n\nB. Housing shall not fail to meet the requirements for housing for older persons\nby reason of:\n\n   1.  Persons residing in such housing as of September 13, 1988, who do not meet\n   the age requirements of clauses (ii) and (iii) of subsection A, provided that\n   new occupants of such housing meet the age requirements of those clauses; or\n\n   2.  Unoccupied units, provided that such units are reserved for occupancy by\n   persons who meet the provisions of clauses (ii) and (iii) of subsection A.\n\nHISTORY: 1991, c. 557; 1992, c. 322; 2000, c. 30."}