Virginia Source-of-Income Law: What Landlords Must Know About Housing Vouchers

In Virginia, source of income (referred to in the statute as "source of funds") is a protected class under the Virginia Fair Housing Law. Since July 1, 2020, most landlords cannot refuse an applicant simply because they would pay rent with a Housing Choice Voucher (Section 8), Social Security, child support, or another lawful assistance program. A narrow small-landlord exemption exists. This guide explains what the law requires in plain terms.

Is source of income a protected class in Virginia?

Yes. The Virginia Fair Housing Law added "source of funds" as a protected class effective July 1, 2020. It's unlawful to discriminate against a renter because of any lawful source that provides funds to or on their behalf — including any assistance, benefit, or subsidy program, whether administered by a government or non-government entity. In practice, that means you can't reject an applicant solely because they hold a housing voucher.

Does the small-landlord exemption apply to me?

There is a limited exemption. An owner (or their managing agent) may deny or limit occupancy based on source of funds if they own **no more than four rental dwelling units** in Virginia. Importantly, if an owner holds more than a 10% interest in **more than four** rental units, the exemption does **not** apply. If you own a larger portfolio or use professional management at scale, assume the protection applies to you.

How do I calculate income requirements for a voucher holder?

You may still apply consistent, non-discriminatory income standards — but you have to apply them correctly. When a Housing Choice Voucher covers part of the rent, the voucher portion should be subtracted from the total rent before applying your income multiplier. For example, if your standard is 3x the rent and a voucher covers part of it, the 3x test should apply only to the tenant's out-of-pocket share, not the full contract rent.

What you can and can't do

• **Can't:** refuse to rent, advertise "no vouchers," or apply different terms solely because of a lawful source of income.
• **Can:** apply the same screening standards (credit, background, rental history) you use for every applicant, as long as they're applied consistently.
• **Can:** decline an applicant for legitimate, evenly-applied reasons unrelated to source of income.

Frequently asked questions

Do landlords in Virginia have to accept Section 8 vouchers? Generally yes — source of funds is protected, so most landlords can't refuse an applicant solely for using a Housing Choice Voucher. A narrow exemption applies to owners of four or fewer rental units in Virginia.

Can I still set an income requirement? Yes, if it's applied consistently to all applicants. For voucher holders, subtract the voucher's share of the rent before applying your income multiplier to the tenant's portion.

*This article is general information, not legal advice. For your specific situation, consult a qualified attorney or a licensed property manager.*