2006 Code of Virginia § 36-96.2 - Exemptions

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 housesold or rented by an owner, provided that such private individual does notown more than three single-family houses at any one time. In the case of thesale of any single-family house by a private individual-owner not residing inthe house at the time of the sale or who was not the most recent resident ofthe house prior to sale, the exemption granted shall apply only with respectto one such sale within any 24-month period; provided that such bona fideprivate individual owner does not own any interest in, nor is there owned orreserved on his behalf, under any express or voluntary agreement, title to orany 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 rentalof any such single-family house shall be exempt from the application of thischapter only if the house is sold or rented (i) without the use in any mannerof the sales or rental facilities or the sales or rental services of any realestate broker, agent, salesperson, or of the facilities or the services ofany person in the business of selling or renting dwellings, or of anyemployee, independent contractor, or agent of any broker, agent, salesperson,or person and (ii) without the publication, posting, or mailing, afternotice, 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 necessaryto perfect or transfer the title. This exemption shall not apply to or inureto the benefit of any licensee of the Real Estate Board or regulant of theFair Housing Board, regardless of whether the licensee is acting in hispersonal or professional capacity.

B. Except for subdivision A 3 of 36-96.3, this chapter shall not apply torooms or units in dwellings containing living quarters occupied or intendedto be occupied by no more than four families living independently of eachother, if the owner actually maintains and occupies one of such livingquarters as his residence.

C. Nothing in this chapter shall prohibit a religious organization,association or society, or any nonprofit institution or organizationoperated, supervised, or controlled by or in conjunction with a religiousorganization, association or society, from limiting the sale, rental, oroccupancy of dwellings that it owns or operates for other than a commercialpurpose to persons of the same religion, or from giving preferences to suchpersons, unless membership in such religion is restricted on account of race,color, national origin, sex, elderliness, familial status, or handicap. Norshall anything in this chapter apply to a private membership club not in factopen to the public, which as an incident to its primary purpose or purposesprovides lodging which it owns or operates for other than a commercialpurpose, from limiting the rental or occupancy of such lodgings to itsmembers or from giving preference to its members. Nor, where matters ofpersonal privacy are involved, shall anything in this chapter be construed toprohibit any private, state-owned or state-supported educational institution,hospital, nursing home, religious or correctional institution, from requiringthat persons of both sexes not occupy any single-family residence or room orunit of dwellings or other buildings, or restrooms in such room or unit indwellings or other buildings, which it owns or operates.

D. Nothing in this chapter prohibits conduct against a person because suchperson has been convicted by any court of competent jurisdiction of theillegal manufacture or distribution of a controlled substance as defined infederal law.

E. It shall not be unlawful under this chapter for any owner to deny or limitthe rental of housing to persons who pose a clear and present threat ofsubstantial harm to others or to the dwelling itself.

F. A rental application may require disclosure by the applicant of anycriminal convictions and the owner or managing agent may require as acondition of acceptance of the rental application that applicant consent inwriting to a criminal record check to verify the disclosures made byapplicant in the rental application. The owner or managing agent may collectfrom the applicant moneys to reimburse the owner or managing agent for theexact 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 adwelling to an individual who, based on a prior record of criminalconvictions involving harm to persons or property, would constitute a clearand present threat to the health or safety of other individuals.

G. Nothing in this chapter limits the applicability of any reasonable local,state or federal restriction regarding the maximum number of occupantspermitted to occupy a dwelling. Owners or managing agents of dwellings maydevelop and implement reasonable occupancy and safety standards based onfactors such as the number and size of sleeping areas or bedrooms and overallsize of a dwelling unit so long as the standards do not violate local, stateor federal restrictions. Nothing in this chapter prohibits the rentalapplication or similar document from requiring information concerning thenumber, ages, sex and familial relationship of the applicants and thedwelling's intended occupants.

(1972, c. 591, 36-87, 36-92; 1973, c. 358; 1978, c. 138; 1989, c. 88;1991, c. 557; 1992, c. 322; 2003, c. 575; 2006, c. 693.)

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