18 Va. Admin. Code § 135-50-270

Current through Register Vol. 41, No. 2, September 9, 2024

Section 18VAC135-50-270 - Use of words, phrases, symbols and visual aids

The following words, phrases, symbols, and forms typify those most often used in residential real estate advertising to convey either overt or tacit discriminatory preferences or limitations. In considering a complaint under the fair housing law, the board will consider the use of these and comparable words, phrases, symbols, and forms to determine a possible violation of the law and to establish a need for further proceedings on the complaint, if it is apparent from the context of the usage that discrimination within the meaning of the law is likely to result.

1. Words descriptive of dwelling, landlord, and tenants. White private home, Colored home, Jewish home, Hispanic residence, adult building.

2. Words indicative of race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status, including:

a. Race: African-American, Negro, Black, White, Caucasian, Oriental, Asian, American Indian, Native American, Arab.

b. Color: White, Black, Colored.

c. Religion: Protestant, Christian, Catholic, Jewish, Muslim, Islamic.

d. National origin: Mexican American, Puerto Rican, Philippine, Polish, Hungarian, Irish, Italian, Chicano, African, Hispanic, Chinese, Indian, Latino.

e. Sex: The exclusive use of words in advertisements, including those involving the rental of separate units in a single or multi-family dwelling, stating or intending to imply that the housing being advertised is available to persons of only one sex and not the other, except where the sharing of living areas is involved. Nothing in this section restricts advertisements of dwellings used exclusively for dormitory facilities by educational institutions.

f. Disability: crippled, blind, deaf, mentally ill, retarded, impaired, handicapped, physically fit. Nothing in this section restricts the inclusion of information about the availability of accessible housing in advertising of dwellings.

g. Familial status: adults, children, singles, mature persons. Nothing in this section restricts advertisements of dwellings that are intended and operated for occupancy by older persons and that constitute "housing for older persons" as defined in 18VAC135-50-210.

h. Elderliness: elderly, senior citizens, young, old, active, available to those between 25 and 55.

i. Sexual orientation: lesbian, gay, bisexual, queer, same-sex couples.

j. Gender identity: transgender, trans.

k. Source of funds: voucher, Section 8, social security, disability income, government benefits.

3. Catch words. Words and phrases used in a discriminatory context should be avoided, e.g., "restricted," "exclusive," "private," "integrated," "traditional," "board approval," "membership approval."

4. Symbols or logotypes. Symbols or logotypes that imply or suggest race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

5. Colloquialisms. Words or phrases used regionally or locally that imply or suggest race, color, religion, sex, disability, familial status, elderliness, national origin, source of funds, sexual orientation, gender identity, or military status.

6. Directions to real estate for sale or rent (use of maps or written instructions). Directions can imply a discriminatory preference, limitation, or exclusion. For example, references to real estate location made in terms of racial or national origin significant landmarks, such as an existing black development (signal to blacks) or an existing development known for its exclusion of minorities (signal to whites). Specific directions which make reference to a racial or national origin significant area may indicate a preference.

7. Area (location) description. Names of facilities which cater to a particular racial, national origin, or religious group, such as country club or private school designations, or names of facilities that are used exclusively by one sex may indicate a preference.

18 Va. Admin. Code § 135-50-270

Derived from VR585-01-05 §2.21, eff. December 1, 1991; amended, Virginia Register Volume 19, Issue 24, eff. September 10, 2003; Amended, Virginia Register Volume 30, Issue 11, eff. March 1, 2014; Amended, Virginia Register Volume 37, Issue 03, eff. 11/1/2020; Amended, Virginia Register Volume 38, Issue 05, eff. 12/1/2021.

Statutory Authority: § 36-96.8 of the Code of Virginia.