Fair Housing for Landlords: Room Rental Basics

Fair housing for landlords comes down to one habit: apply the same written standards to every applicant, every time. The rules apply to room rentals as well as whole houses, and some exemptions are narrow. This guide explains the basics in plain language. It is not legal advice, so ask a Virginia attorney or the Virginia Fair Housing Office when you are unsure.

What fair housing for landlords means in Virginia

Virginia's fair housing law, section 36-96.3 of the Virginia Code, makes it unlawful to discriminate in housing based on race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity or military status. The law also covers disability in several provisions.

The section covers more than who you accept. It reaches how you advertise, what you tell applicants and how you answer questions. You can read the full text at Virginia Code 36-96.3. Laws change, so read the current version, and a professional can tell you how it applies to your home.

Exemptions are narrow: do not assume one applies

Virginia Code 36-96.2 lists exemptions. One of them is for rooms or units in dwellings with living quarters for no more than four families living independently, if the owner actually maintains and occupies one of the units as a residence. Another covers some single-family houses rented by a private owner without using certain rental services, with limits.

Those exemptions come with conditions, carve-outs and exceptions, and they do not remove every rule. For example, the section says the exemption does not apply to a specific subdivision of 36-96.3. Do not decide on your own that you are exempt. Read Virginia Code 36-96.2 and ask an attorney before you rely on one. The safe habit is simple: act as if the rules apply, and treat everyone consistently.

Write your criteria before you list

The best protection is a short written list of standards that you decide before you meet any applicant. Keep it to things that relate to renting the room.

• Rent and move-in date. The price, the start date and the length of stay.
• Ability to pay. The rent amount and how it will be paid.
• Rental terms. What the house rules and rental terms say, and whether the applicant agrees to them.
• Safety and occupancy. Reasonable standards for the home. Virginia Code 36-96.2 notes that owners may set reasonable occupancy and safety standards that do not violate local, state or federal restrictions.

Use the same list for every applicant. If you add a new standard, apply it to everyone from that day on. If you screen, use the same steps in the same order, and keep notes on what you asked and what you decided.

Describe the room, not the person

How you write a listing matters. Say what the room has, what the rent is, where it is and what the house rules are. Do not say who a room is for or who you would prefer. Avoid phrases that point to a protected class, even if you mean them as a compliment.

• Do write: the size of the room, the furniture included, the bathroom arrangement, the rent, the start date and the house rules.
• Do not write: anything about the type of person you want.

CoRent listings show the area only, city and ZIP, and the street address is shared after a booking is confirmed. On CoRent, renters verify their ID once with a government ID and a selfie match, and a host never sees the renter's ID or selfie. You can read more about how hosting works in how to rent rooms in my house on CoRent.

Everyday habits that keep you consistent

1. Answer every inquiry the same way. Use the same facts and the same tone.
2. Ask the same questions. Do not ask one applicant something you would not ask another.
3. Keep notes. Write down your criteria, the questions you asked and the reason for your decision.
4. Apply house rules to everyone. Rules should be specific and the same for all tenants. See house rules for renters.
5. Respond to requests with care. If a tenant asks for a change related to a disability, do not refuse on reflex. Ask a professional how the rules apply.
6. Stay professional in messages. Keep communication about the room and the rental terms.

When to ask for help

Ask a professional when something is not clear. A Virginia attorney can tell you how the law applies to your home. The Virginia Fair Housing Office handles questions and complaints, and the state's landlord and tenant resources point to it. If you are a licensed real estate professional, other rules may apply to you.

CoRent does not give legal advice. We can help with the listing and the booking, and you remain responsible for your own decisions as a host. Learn more about CoRent and how hosting works on the hosts page.

Write down your standards, describe the room, and treat every applicant the same way. When you are ready to list, create your free host account.

Frequently asked questions

Does fair housing apply if I live in the house?

It can, and some narrow exemptions exist under Virginia Code 36-96.2. Whether one applies to you depends on the facts. Ask an attorney before you rely on it.

Can I choose a housemate I get along with?

You can set written, neutral standards that relate to the rental. You cannot decide based on a protected class. Use the same standards for every applicant.

Where do I report a concern or ask a question?

Start with the Virginia Fair Housing Office and the state landlord and tenant resources, or ask a Virginia attorney.