36-96.1:1 - Definitions
§ 36-96.1:1. Definitions.
For the purposes of this chapter, unless the context clearly indicatesotherwise:
"Aggrieved person" means any person who (i) claims to have been injured bya discriminatory housing practice or (ii) believes that such person will beinjured by a discriminatory housing practice that is about to occur.
"Complainant" means a person, including the Fair Housing Board, who filesa complaint under § 36-96.9.
"Conciliation" means the attempted resolution of issues raised by acomplainant, or by the investigation of such complaint, through informalnegotiations involving the aggrieved person, the respondent, their respectiveauthorized representatives and the Fair Housing Board.
"Conciliation agreement" means a written agreement setting forth theresolution of the issues in conciliation.
"Discriminatory housing practices" means an act that is unlawful under §§36-96.3, 36-96.4, 36-96.5, or § 36-96.6.
"Dwelling" means any building, structure, or portion thereof, that isoccupied as, or designated or intended for occupancy as, a residence by oneor more families, and any vacant land that is offered for sale or lease forthe construction or location thereon of any such building, structure, orportion thereof.
"Elderliness" means an individual who has attained his fifty-fifth birthday.
"Familial status" means one or more individuals who have not attained theage of 18 years being domiciled with (i) a parent or other person havinglegal custody of such individual or individuals or (ii) the designee of suchparent or other person having custody with the written permission of suchparent or other person. The term "familial status" also includes any personwho is pregnant or is in the process of securing legal custody of anyindividual who has not attained the age of 18 years. For purposes of thissection, "in the process of securing legal custody" means having filed anappropriate petition to obtain legal custody of such minor in a court ofcompetent jurisdiction.
"Family" includes a single individual, whether male or female.
"Handicap" means, with respect to a person, (i) a physical or mentalimpairment that substantially limits one or more of such person's major lifeactivities; (ii) a record of having such an impairment; or (iii) beingregarded as having such an impairment. The term does not include current,illegal use of, or addiction to a controlled substance as defined in Virginiaor federal law. Neither the term "individual with handicap" nor the term"handicap" shall apply to an individual solely because that individual is atransvestite.
"Lending institution" includes any bank, savings institution, credit union,insurance company or mortgage lender.
"Person" means one or more individuals, whether male or female,corporations, partnerships, associations, labor organizations, fair housingorganizations, civil rights organizations, organizations, governmentalentities, legal representatives, mutual companies, joint stock companies,trusts, unincorporated organizations, trustees, trustees in bankruptcy,receivers and fiduciaries.
"Respondent" means any person or other entity alleged to have violated theprovisions of this chapter, as stated in a complaint filed under theprovisions of this chapter and any other person joined pursuant to theprovisions of § 36-96.9.
"Restrictive covenant" means any specification in any instrument affectingtitle to real property that purports to limit the use, occupancy, transfer,rental, or lease of any dwelling because of race, color, religion, nationalorigin, sex, elderliness, familial status, or handicap.
"To rent" means to lease, to sublease, to let, or otherwise to grant forconsideration the right to occupy premises not owned by the occupant.
(1972, c. 591, § 36-87; 1973, c. 358; 1978, c. 138; 1989, c. 88; 1991, c.557; 1992, c. 322; 1996, c. 77; 2003, c. 575.)