Source of funds law in Virginia: the Virginia Fair Housing Law and housing assistance
Virginia calls it "source of funds." Section 36-96.3 of the Virginia Fair Housing Law makes it an unlawful discriminatory housing practice to refuse to rent, negotiate, or otherwise deny a dwelling, to discriminate in terms or services, or to advertise a preference, because of source of funds. The definition covers any source that lawfully provides funds to or on behalf of a renter, including any assistance, benefit or subsidy program, governmental or not.
What is "source of funds" in Virginia?
The definitions section, 36-96.1:1, says "source of funds" means any source that lawfully provides funds to or on behalf of a renter or buyer of housing, including any assistance, benefit or subsidy program, whether such program is administered by a governmental or nongovernmental entity. Two phrases do the work: "to or on behalf of" reaches a subsidy that goes straight to the landlord, such as a voucher payment, and "governmental or nongovernmental" reaches programs run by charities or employers as well as agencies.
What conduct is unlawful?
Section 36-96.3(A) lists the practices. A person may not refuse to sell or rent after a bona fide offer, refuse to negotiate, or otherwise make unavailable or deny a dwelling to any person because of source of funds among the listed traits. A person may not discriminate in the terms, conditions or privileges of rental or in the services or facilities provided. And a person may not make, print or publish any notice, statement or advertisement that indicates any preference, limitation or discrimination, or an intention to make one, on the basis of source of funds and the other listed traits.
The second item is where hidden friction appears: different deposits, extra fees, a longer application or different repair response for subsidy tenants are all "terms, conditions or privileges." Treat the standard terms as the only terms.
How should a landlord handle income standards?
The text I read does not give a formula like Washington's rule about subtracting a voucher from rent. It bars refusing a renter because of source of funds, so a standard that counts only some kinds of lawful income or that cannot recognize a subsidy fails the test in practice. Write the income standard in terms of the renter's ability to pay their share, count every lawful source, and apply it to everyone.
Example a made-up landlord reviews three applications for the same unit on Monday, November 2, 2026. All three are scored on the same written checklist: identity, rental history, credit and income covering the renter's portion of the rent. One applicant's portion is paid by a subsidy program, and that payment is counted as lawful funds toward the rent. The file for each applicant shows the same checklist and the date of each step.
- Count every lawful source of funds in your written income standard.
- Offer the same deposits, fees and repair service to every tenant.
- Check listings for anything that limits applicants by source of funds.
- Tie any denial to a written criterion that applies to everyone.
Where do you look for enforcement?
The Virginia Fair Housing Law has its own enforcement and remedies sections, which I did not read for this post. Before you respond to a complaint, read 36-96.1 and the sections that follow 36-96.3 in the chapter, and ask an attorney who handles fair housing matters.
Where does DoorKeeping fit?
DoorKeeping keeps your written screening standard, each application, the dates you responded and the reasons in one place, so every applicant gets the same checklist and you can show it. You make the decisions. This is general information, not legal advice: check the current statute, and ask a local attorney if an applicant raises a complaint.
Sources
Questions
- Does Virginia protect housing voucher holders?
- Yes. Source of funds includes any assistance, benefit or subsidy program, governmental or not (36-96.1:1).
- Can a Virginia landlord advertise a source of funds limit?
- No. Section 36-96.3(A)(3) bars notices or advertisements indicating a preference, limitation or discrimination on that basis.
- Does Virginia require subtracting a voucher in an income test?
- The sections I read do not say so; they bar refusal because of source of funds.