The accommodation is not reasonable if the cost of its payment means that the applicant can afford to pay for what is strictly necessary. [10] The Homelessness Policy Code, when it comes to ability, states that this includes the cost of food, clothing, heating and transportation. [11] C. A person with a disability or a person associated with such a person may request reasonable accommodation to keep a service animal in a dwelling. Subject to paragraph B, the person receiving the application may ask the applicant to provide reliable documentation of a service animal`s disability and disability-related need, including documentation of any person with whom the person with a disability has or has had a therapeutic relationship. The authority could also consider factors such as overcrowding, type of housing, harassment and security of property. There may be a number of other personal and/or legal issues that the authority must consider when assessing the issue, such as the lack of employment opportunities in the housing field that the applicant has left. [2] D. Nothing in this chapter prohibits the conduct of a person because the person has been convicted by a court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance within the meaning of an Act of Parliament. “disability” means, in respect of a person, (i) a physical or mental impairment that significantly restricts one or more of the person`s most important activities in life; (ii) records of such impairment; or (iii) be considered such a disability. The term does not include current, illegal, or addiction to a controlled substance as defined by Virginia or federal law. For the purposes of this Chapter, the terms “disability” and “disability” are used interchangeably.
The Committee shall decide, within 100 days of filing a complaint, on the basis of the facts and after consultation with the Office of the Attorney-General, whether there are reasonable grounds to believe that discriminatory practices in housing have occurred or are imminent, unless this is impossible or has approved a mediation agreement on the complaint. If the Board cannot determine whether, within 100 days of receiving the appeal, there are reasonable grounds to believe that a discriminatory housing practice has occurred or will occur, the aggrieved person and the respondent will be notified in writing. The two tests are distinct. The accommodation may be unreasonable in the long term, but is suitable for short-term use. Some specific suitability requirements do not apply when assessing whether the continued use of accommodation is reasonable. The Policy Code states that it is highly unlikely that anyone would occupy a property beyond the date on which a court ordered the return of ownership to the owner. Local authorities should not consider it appropriate for a person to remain in occupation until a court issues an arrest warrant or an order for the execution of a possession order. [29] If the Committee finds that there are no reasonable grounds to believe that a discriminatory housing practice has occurred or is imminent, it shall dismiss the complaint without delay and inform the parties within thirty days of that finding. The board publishes each dismissal. One.
In all cases where the Commission has received or filed a complaint and conducted an investigation into a violation of this chapter and has concluded that there are reasonable grounds to believe that a real estate agent, a real estate salesperson, a real estate brokerage firm licensed under chapter 21 (§ 54.1-2100 et seq.), or its agents or employees, engaged in discriminatory housing practices prohibited by the Virginia Fair Housing Act (§ 36-96.1 ff.) or Chapter 5 (§ 6.2-500 et seq.) of Title 6.2, the Council shall promptly attempt to resolve the matter by conference and arbitration, and if the matter is not resolved in this manner, It may initiate an administrative hearing to decide whether the licence(s) concerned should be revoked, suspended or not renewed. At least 10 days before the first conference provided for in this Agreement, the Commission shall prepare and transmit to the respondent(s) a written report setting out the scope, results and conclusions of the investigation conducted under this section. One. If, after consultation with the Attorney General`s Office, the Committee determines that an alleged discriminatory housing practice involves the legality of a local zoning or land use ordinance, rather than initiating prosecution, it shall immediately refer the case to the Attorney-General for civil action before the competent district court for appropriate action. A civil action under this paragraph shall be instituted not later than eighteen months after the date of occurrence or cessation of the alleged discriminatory housing practice. The Code of Practice states that short-term housing should not be considered adequate in the medium or long term. [23] These include shelters, night shelters and inns with direct access. Accommodation may no longer be appropriate if the applicant`s circumstances change. For example, if a change in a person`s health means they need a caregiver and there is not enough room for another person.
3. communications, statements or advertisements relating to the sale or rental of a dwelling that indicate a preference, restriction or discrimination or the intention to make, print or publish or cause to be published such a preference, restriction or discrimination based on race, colour, religion, national origin, sex, age, marital status, source of funds, sexual orientation, gender identity, veteran status, or disability. The use of words or symbols associated with a particular religion, national origin, sex or race constitutes prima facie evidence of an unlawful preference under this Chapter that cannot be neutralized by a blanket disclaimer. However, mere reference to places of worship, including churches, synagogues, temples or mosques, in such communication, statement or publicity does not constitute prima facie evidence of unlawful favouritism; D. Subject to paragraph B, a person who receives a request for reasonable accommodation for the accommodation of a service animal in a dwelling must assess the request and all reliable evidence to verify the disability and the need for reasonable disability-related accommodation in relation to a service animal. The term “physical or mental impairment” includes: (i) any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following bodily systems: neurological; Muscle; special sensory organs; the respiratory tract, including the organs of speech; cardiovascular; reproductive; digestive; urogenital urine; heme and lymphatic; Skin; or endocrine or (ii) mental or psychological disorders such as intellectual or developmental disability, organic brain syndrome, emotional or mental illness, or specific learning disability. “Physical or mental impairments” include diseases and conditions such as orthopedic, visual, speech and hearing impairments; Cerebral palsy; Autism; Epilepsy; Muscular dystrophy; Multiple sclerosis; Cancer; Heart disease; Diabetes; human immunodeficiency virus infection; mental and developmental disorders; emotional illness; non-substance abuse caused by current illicit use of a controlled substance; and alcoholism. C.
If the court or jury finds in a civil action under Subdivision A that a discriminatory housing practice has occurred or is imminent, the court or jury may award damages and punitive damages to the plaintiff as a prevailing party, without limitation otherwise required by state law, and the court may award reasonable attorneys` fees and costs. and may, subject to paragraph D, issue any permanent or interim injunction, injunction or other injunction, including an injunction restraining the defendant from engaging in such practice, or order appropriate affirmative action.