Fairfax Municipal Code Ch. 5.52 Income-Based Rental Housing Discrimination

The purpose of this chapter is to increase affordable housing opportunities by prohibiting discrimination on the basis of tenants' participation in third party rental assistance programs.

(Ord. 816, passed 4-4-2018)

(A) Prohibited activity. It is unlawful for any person to do any of the following related to the rental of real property for residential use as wholly or partially based on source of income, as defined herein:

(1) To interrupt, terminate, or fail or refuse to initiate or conduct any transaction in real property related to the rental thereof; to require different terms for such transaction; or falsely to represent that an interest in real property is not available for transaction;

(2) To include in the terms or conditions of a transaction in real property any clause, condition or restriction;

(3) To refuse or restrict facilities, services, repairs or improvements for any tenant or lessee;

(4) To make, print, publish, advertise or disseminate in any way, or cause to be made, printed or published, advertised or disseminated in any way, any notice, statement or advertisement with respect to a transaction in real property, or with respect to financing related to any such transaction, which unlawfully indicates preference, limitation or discrimination based on source of income.

(B) Prohibited economic discrimination. It is unlawful for any person to use a financial or income standard for the rental of housing that does either of the following:

(1) Fails to account for any rental payments or portions of rental payments that will be made by other individuals or organizations, including by a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, on the same basis as rental payments to be made directly by the tenant or prospective tenant;

(2) Fails to account for the aggregate income of persons residing together or proposing to reside together or the aggregate income of tenants or prospective tenants and their cosigners or proposed cosigners.

(C) Exceptions.

(1) Nothing in this chapter shall be construed to apply to the rental or leasing of any housing unit in which the owner or any member of his/her family occupies one of the living units and it is necessary for the owner to use either a bathroom or kitchen facility common with the prospective tenant(s).

(2) Nothing in this chapter shall be deemed to permit any rental or occupancy of any dwelling unit or commercial space otherwise prohibited by law.

(Ord. 816, passed 4-4-2018)

Any aggrieved person may enforce the provisions of this chapter by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by County Counsel, the District Attorney, the Town Attorney, or by any person or entity which will fairly and adequately represent the interests of the protected class.

(Ord. 816, passed 4-4-2018)

Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter is liable for special and general damages, or up to three times the amount of one month's rent that the landlord charges for the unit in question. The court may award in addition thereto not less than $200 but not more than $400, together with attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the alleged discriminatory acts.

(Ord. 816, passed 4-4-2018)

Any person who violates any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than $1,000 or by imprisonment in the county jail for a period not exceeding six months, or both.

(Ord. 816, passed 4-4-2018)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PERSON. Any individual, firm, corporation, or other organization or group of persons however organized.

SOURCE OF INCOME. All payments from a rental assistance program, homeless assistance program, security deposit assistance program or housing subsidy program, provided such funds are not paid directly to the tenant.

(Ord. 816, passed 4-4-2018)