HB 586 — Virginia Fair Housing Law; use of assistance animal in a dwelling, penalties.

musculoskeletal;

special sense organs;

respiratory, including speech organs;

cardiovascular;

reproductive;

digestive;

genito-urinary;

hemic and lymphatic;

skin;

or endocrine or (ii) any mental or psychological disorder, such as an intellectual or developmental disability, organic brain syndrome, emotional or mental illness, or specific learning disability.

"Physical or mental impairment" includes such diseases and conditions as orthopedic, visual, speech, and hearing impairments;

cerebral palsy;

autism;

epilepsy;

muscular dystrophy;

multiple sclerosis;

cancer;

heart disease;

diabetes;

human immunodeficiency virus infection;

intellectual and developmental disabilities;

emotional illness;

drug addiction other than addiction caused by current, illegal use of a controlled substance;

and alcoholism.

"Respondent" means any person or other entity alleged to have violated the provisions of this chapter, as stated in a complaint filed under the provisions of this chapter and any other person joined pursuant to the provisions of § 36-96.9.

"Restrictive covenant" means any specification in any instrument affecting title to real property that purports to limit the use, occupancy, transfer, rental, or lease of any dwelling because of race, color, religion, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability.

"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.

"To rent" means to lease, to sublease, to let, or otherwise to grant for consideration the right to occupy premises not owned by the occupant.

§ 36-96.3:1.

DA. animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises.

A person with a disability, or a person associated with such person, who maintains an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises.

H B.

If a person's disability is obvious or otherwise known to the person receiving a request,5orrequest, or if the need for a requested accommodation is readily apparent or known to the person receiving a reque6t,request, the person receiving a request for reasonable accommodation may not request any additional verification receivingabout the request but the disability-related need is not readily apparent or known, the personson receiving the request may ask for additional verification to evaluate the requester's disability-relateddisability. need.

If a person's disability is readily apparent or known to the person receiving the request but the disability-related need is not readily apparent or known, the person receiving the request may ask for additional verification to evaluate the requester's disability-related need.

Subject to subsection B, the person receiving the request may ask the requester to provide, in writing, reliable supporting documentation of the disability and the disability-related need for an assistance animal, including 34 documentation from any from a person with whom the person with a disability requesting the 35 reasonable accommodation has or has had a therapeutic relationship.

37D. an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation 38 to verify the disability and the disability-related need for the reasonable accommodation regarding an 39 assistance animal.

Subject to subsection B, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation to verify the disability and the disability-related need for the reasonable accommodation regarding an assistance animal.

(ii) an individual or entity with a valid, unrestricted stateof license,5 certification,support or registrationsimilar togroup servethat personsdoes withnot disabilities;charge service recipients a fee or impose any actual or implieda peer financial requirement and who has actual knowledge about the requester's disability;

(iii) a person from a peer support or similar(iv) group that does not charge service recipients a feecaregiver, orreliable imposethird anyparty, actual or impliedgovernment financialentity requirementwith and who has actual knowledge aboutof the requester's disability;disability.

orF. (iv) a caregiver, relF.

AnyExcept for any person, federal or state agency, or private organization participating in fair housing testing for the purpose of investigating allegations of housing discrimination, any person who knowinglymisdemeanor.d and willfully misrepresents himself as needing an assistance animal is guilty of a Class 4 misdemeanor.G.

G.No person shall provide supporting documentation in an attempt to verify the existence of a disability or disability-related need for a person requesting a reasonable accommodation pursuant to this section if he does not have a therapeutic relationship with the person requesting the reasonable accommodation.

NoA personviolation shallof providethis supportingsubsection documentationconstitutes ina anprohibited attemptpractice tounder verify the existenceprovisions of a(§ disability59.1-196 oret disability-relatedseq.).be needsubject for a person seeking a reasonable accommodation pursuant to thisany sectionand ifall heprovisions doesof not have a therapeutic relationship with the personVirginia requestingConsumer theProtection reasonableAct accommodation.§ 59.1-200.

A violation of this subsection constitutes a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

§ 36-96.3:2.

Reasonable accommodations;

interactive process.

to afford a person with a disability, and who has a disability-related need, an equal opportunity to use and enjoy a dwelling and does not impose either (i) an undue financial and administrative burden or (ii) HB586 2 of 5 a fundamental alteration to the nature of the operations of the person receiving the request, the request for the accommodation is reasonable and shall be granted.

B.

When a person receives a request for accessible parking to accommodate a disability, the person receiving the request shall treat such request as a request for reasonable accommodation as provided by this chapter.

C.

When a request for a reasonable accommodation may impose either (i) an undue financial and administrative burden or (ii) a fundamental alteration to the nature of the operations of the person receiving the request, the person receiving the request shall offer to engage in a good-faith interactive process to determine if there is an alternative accommodation that would effectively address the disability-related needs of the requester.

An interactive process is not required when the requester does not have a disability and a disability-related need for the requested accommodation.

As part of the interactive process, unless the reasonableness and necessity for the accommodation has been established by the requester, a request may be made for additional supporting documentation to evaluate the reasonableness of either the requested accommodation or any identified alternative accommodations.

If an alternative accommodation is identified that effectively meets the requester's disability-related needs and is reasonable, the person receiving the reasonable accommodation request shall make the effective alternative accommodation.

However, the requester shall not be required to accept an alternative accommodation if the requested accommodation is also reasonable.

The various factors to be considered for determining whether an accommodation imposes an undue financial and administrative burden include (a) the cost of the requested accommodation, including any substantial increase in the cost of the owner's insurance policy;

(b) the financial resources of the person receiving the request;

(c) the benefits that the accommodation would provide to the person with a disability;

and (d) the availability of alternative accommodations that would effectively meet the requester's disability-related needs.

D.

A request for a reasonable accommodation shall be determined on a case-by-case basis and may be denied if (i) the person on whose behalf the request for an accommodation was submitted is not disabled;, (ii) there is no disability-related need for the accommodation;, (iii) supporting documentation of the disability or disability-related need is deemed unreliable, (iv) the accommodation imposes an undue financial and administrative burden on the person receiving the request;, or (iv) (v) the accommodation would fundamentally alter the nature of the operations of the person receiving the request.

With respect to a request for reasonable accommodation to maintain an assistance animal in a dwelling, the requested assistance animal shall (a) work, provide assistance, or perform tasks or services for the benefit of the requester or (b) provide emotional support that alleviates one or more of the identified symptoms or effects of such requester's existing disability.

In addition, as determined by the person receiving the request, the requested assistance animal shall not pose a clear and present threat of substantial harm to others or to the dwelling itself that is not solely based on breed, size, or type or cannot be reduced or eliminated by another reasonable accommodation.

§ 59.1-200.

2.O 3.

Misrepresenting the source,affiliation, sponsorship,connection, approval, or certificationassociation of goodsthe supplier, or services;of the goUds or services, with another;

3.

Misrepresenting the affiliation, connection, or association of the supplier, or of the goods or services, with another;

S 5.

6.E 7.

MisrepresentingAdvertising that goods or servicesoffering arefor ofsale agoods particularthat standard,are quality,used, grade,secondhand, style,repossessed, defective,e, or model;

7.blemished, deteriorated, or reconditioned, or that are "seconds," irregulars, imperfects, or "not first class," without clearly and unequivocally indicating in the advertisement or offer for sale thaS the goods are used, secondhand, repossessed, defective, blemished, deteriorated, reconditioned, or are "seconds," irregulars, imperfects or "not first class";

AdvertisingU orat offeringthe forprice saleor goodsupon thatthe areterms used,advertised.ntent secondhand,not repossessed,to defective,sell blemished,them deteriorated,as advertised, or reconditioned,with orintent thatBot areto "seconds,"sell irregulars,In imperfects,any action brought under this subdivision, the refusal by any person, or "notany firstemployee, class,"agSnt, withoutor clearlyservant andthereof, unequivocallyto indicatingsell inany thegoods advertisementor services advertised or offeroffered for sale thatat the goodsprice areor used,upon secondhand,the repossessed,terms defective,advertised blemished,or deteriorated,offered, reconditioned,shall orbe areprima "seconds,"facie irregulars,evidence imperfectsof ora "notviolation firstof class";this subdivision.

8.This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by whIch such amount of such goods or services for sale, and the supplier or offeror at the time of such advertisementy or or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;

Advertising goods or services with intent not to sell them as advertised, or with intent not to sell at the price or upon the terms advertised.

In any action brought under this subdivision, the refusal by any person, or any employee, agent, or servant thereof, to sell any goods or services advertised or offered for sale at the price or upon the terms advertised or offered, shall be prima facie evidence of a violation of this subdivision.

This paragraph shall not apply when it is clearly and conspicuously stated in the advertisement or offer by which such goods or services are advertised or offered for sale, that the supplier or offeror has a limited quantity or amount of such goods or services for sale, and the supplier or offeror at the time of such advertisement or offer did in fact have or reasonably expected to have at least such quantity or amount for sale;

Making false or misleading statements of fact concerning the reasons for, existence of, or amounts of 5 of price reductions;

T 10.

Misrepresenting that repairs, alterations, modifications, or services have been performeIperformed or parts installed;ins11.

NMisrepresenting orby billthe foruse merchandiseof orany serviceswritten previouslyor ordered;umentarydocumentary material that appears to be an invoice 12.or bill for merchandise or services previously ordered;

Notwithstanding12. any other provision of law, using in any manner the words "wholesale," T "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature ofRthe supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in manufacturing the goods or services advertised or offered for sale;

ONotwithstanding 13.any other provision of law, using in any manner the words "wholesale," "wholesaler," "factory," or "manufacturer" in the supplier's name, or to describe the nature of the supplier's business, unless the supplier is actually engaged primarily in selling at wholesale or in man13.

Using in any contract or lease any liquidated damage clause, penalty clause, or waiver oDof defense, or attempting to collect any liquidated damages or penalties under any clause, waiver, damages, or underpenalties federalthat statutesare void or regulations;leunenforceable under any otherwise applicable laws of the CommonweUlth,CommonweBlth, 13a.or under federal statutes or regulations;

Failing8 to13a. provide to a consumer, or failing to use or include in any written document or material provided to or executed by a consumer, in connection with a consumer transaction any E statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R.

Failing to provide to a consumer, or failing to use or include in any written document Hr statement, disclosure, notice, or other information however characterized when the supplier is required by 16 C.F.R.

Using any other deception, fraud, false pretense, false promise, or misrepresentation in connection wit15.with a consumer transaction;

Violating15. any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, 3.2-6516, or 3.2-6519 is a violation of this chapter;

Violating any provision of § 3.2-6509, 3.2-6512, 3.2-6513, 3.2-6513.1, 3.2-6514, 3.2-6515, HB586H1 4 of 5 3.2-6516, or 3.2-6519 is a violation of this chapter;

Such disclosure shall be by means of a sign attached to the goods, or placed in a conspicuous public area of the premises of the supplier, Hoso as to be readily noticeable and readable by the person obtaining the goods from the supplier.

If the sup5liersupplier does not permit a refund, exchange, or credit for return, he shall so state on a similar sign.

The p6ovisionsprovisions of this subdivision shall not apply to any retail merchant who has a policy of providing, for a period of not less than 20 days after date of purchase, a cash refund or credit to the purchaser's credit card accountotaccount for the return of defective, unused, or undamaged merchandise upon presentation of proof of purchase.

nor does this subdivision apply to special order purchases where the purchaser has requested the supplier to order merchandise of a specific or unusual size, color, or brand not transactionordinarily forcarried in the salestore or leasethe ofstore's motorcatalog; vehicles, farm tractors, or motorcycles as defined in §tion with a 46.2-100;

nor shall this subdivision apply in connection with a transaction for the sale or lease of motor vehicles, farm tractors, or motorcycles as defined in § 46.2-100;

of16a. $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpaymentss on such account.

Failing to provide written notice to a consumer of an existing open-end credit balance in excess of $5 (i) on an account maintained by the supplier and (ii) resulting from such consumer's overpayment on such account.

18.

Violating any provision of the Virginia Health Club Act, Chapter 24 (§ 59.1-294 et seq.);

(§23. 59.1-424 et seq.);provision of the Virginia Public Telephone Information Act, Chapter 32 HB586 4 of 5 24.

Violating any provision of the Virginia Public Telephone Information Act, Chapter 32 (§ 59.1-424 et seq.);

24.

of 5 41.

44.

Violating any provision of Chapter 48 (§ 59.1-533 et seq.);

49.reason to know was recalled by the U.S.

Selling, offering for sale, or manufacturing for sale a children's product the supplier knows or has reason to know was recalled by the U.S.

There is a rebuttablerebuttableows or has presumption that a supplier has reason to know a children's product was recalled if notice of the recall has been posted continuously at least 30 days before the sale, offer for sale, or manufacturing for sale on the website of the U.S.

This prohibition does not apply to children'schi50. products that are used, secondhand or "seconds";

50.

H 51.

O 53.

54.dwelling in the Commonwealth, any drywall that the supplier knows or has reason to know is defectivential drywall.

Selling,This offeringsubdivision forshall sale,not orapply usingto in the construction,sale remodeling, or repairoffering for sale of any residentialbuilding dwellingor sSructure in thewhich Commonwealth,defective any drywall thathas thebeen supplierpermanently knowsinstalled or hasaffixed; reason to know is defective drywall.

This subdivision shall not apply to the sale or offering for sale of any building or structure in which defective drywall has been permanently installed or affixed;

Engaging in fraudulent or improper or dishonest conduct as defined in § 54.1-1118 while E engaged in a transaction that was initiated (i) during a declared state of emergency as defined in § 44-146.16 or (ii) to repair damage resulting from the event that prompted the declaration of a state of emergency, regardless of whether the supplier is licensed as a contractor in the Commonwealth pursuant of to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1;

S 56.

58.U 59.

Violating any provision of Chapter 17.8 (§ 59.1-207.45 et seq.);

59.

60.et seq.);

ViolatingB any60. provision of § 54.1-111 relating to the unlicensed practice of a profession licensed under Chapter 11 (§ 54.1-1100 et seq.) or Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;

Violating any provision of § 54.1-111 relating to the unlicensed practice of a professioS licensed under Chapter 11 (§ 54.1-1100 et seq.) or Chapter 21 (§ 54.1-2100 et seq.) of Title 54.1;

62.T 63.

Violating any provision of Chapter§ 5.26.2-312;2 (§ 54.1-526 et seq.) of Title 54.1;

63.I 64.

Violating any provision of § 6.2-312;

64.

T 65.

and ofU 5 B.

Nothing in this section shall be construed to invalidate or make unenforceable any contract or lease solely by reason of the failure of such contract or lease to comply with any other law ofofEthe Commonwealth or any federal statute or regulation, to the extent such other law, statute, or regulation provides that a violation of such law, statute, or regulation shall not invalidate or make unenforceable such contract or lease.

TH RH O1 D U C E D B 6