Protect The Housing Rights of Individuals and Strengthening Fair Housing Education

REALTORS® are sworn to uphold a strict Code of Ethics, treating all clients equally, regardless of their race, color, religion, sex, handicap, familial status, national origin, sexual orientation, or gender identity. The REALTOR® commitment to diversity and equality is perhaps the strongest in real estate, even going a step farther than the federal Fair Housing Act, which does not include sexual orientation and gender identity as protected classes against housing discrimination.

NVAR has a long history of zero tolerance for Fair Housing violations and disparate treatment, and even one allegation is unacceptable. Localities throughout Northern Virginia conduct fair housing testing to identify these discriminatory practices in the rental, sales, and lending markets. As NVAR’s Realtors® pledge to conduct business in keeping with the Code of Ethics, the organization is committed to being part of the solution. We have a demonstrated track record of leadership in Fair Housing, and we will continue to strengthen this proven record by partnering with localities in identifying and eliminating discrimination. NVAR supports fair housing testing and encourages our local governments to continue this effort while utilizing NVAR as a source for education and outreach on this issue. NVAR is committed to creating more diversity, equity and inclusion and fair housing activity within our membership with REALTOR® training, increased awareness of implicit bias and recognition of the impact of discrimination in housing.

Fair Housing Analysis

State and local governments receiving funds from the U.S. Department of Housing and Urban Development (HUD) must submit a fair housing plan. Instead of creating separate plans, eight communities joined together and worked with Public Housing Authorities (PHAs) and others on a regional plan. The result is the Metropolitan Washington Regional Analysis of Impediments to Fair Housing Choice. Each local government must approve it before it’s sent to HUD.

As part of this plan, each locality in the region will adopt policy goals to help achieve fair housing.One such goal is to incorporate a fair housing analysis into the review of significant rezoning proposals and specific plans. Several large new developments in the region have not sufficiently addressed the needs of members of protected classes who have been displaced or priced out of the area. Incorporating a fair housing analysis in the review process for these plans could reduce displacement and other negative impacts for members of protected classes. NVAR supports adoption of a fair housing equity analysis process into local decisions, where the provision of affordable housing, avoiding displacement of existing residents, and creating access to opportunity for all are priorities.

Virginia Fair Housing Act: Affordable Housing

In 2021, the Virginia General Assembly adopted a new section of the Virginia Fair Housing Act that prohibits a local government, its employees, or commissions from discriminating in the application of local land use ordinances or permitting of housing developments based on the real or perceived income level of the expected occupants if their income is at or below 80 percent of the area median income (AMI). The section further states that “It shall not be a violation of this chapter if land use decisions or decisions relating to the permitting of housing developments are based upon considerations of limiting high concentrations of affordable housing.”

While well intended to prevent concentrated areas of low-income housing, this final sentence is vague enough as to render the preceding prohibition meaningless. Localities can use an unquantified threshold of “high concentration of affordable housing” to circumvent the fair housing prohibition.

Furthermore, local governments already have tools at their disposal to prevent the concentration of affordable housing by using comprehensive plans and zoning code ordinances. As a result, this clause is duplicative at best and detrimental to the development of affordable housing at worst.

NVAR supports legislation to either strike “It shall not be a violation of this chapter if land use decisions or decisions relating to the permitting of housing developments are based upon considerations of limiting high concentrations of affordable housing” or defining in specific terms what “high concentration of affordable housing” means in order to prevent the sentence from being used as a loophole.

Fair Housing Enforcement Funding

REALTORS® support reauthorizing and increasing funding for HUD fair housing enforcement programs. Recent testing investigations show there is still widespread discrimination in the housing market. We must be more proactive in uncovering and investigating fair housing violations. An enforcement system that relies solely on complaints will miss most fair housing violations.

Congress should support legislation that closes the homeownership gaps among demographic groups and reauthorize and increase funding for HUD’s fair housing enforcement grant programs.