§ 45.1-1. Definitions.

For purposes of this chapter, unless the context clearly means otherwise:

(1)

Dwelling means any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as a residence by one or more families, any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof. Nothing in this chapter shall apply to any:

a.

Single-family house sold or rented by an owner; provided, that such private individual owner does not own more than three (3) such single-family houses at any one time; provided further, that in the case of the sale of any such single. family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted shall apply only with respect to one such sale, within any twenty-four-month period; provided further, that such bona fide private individual owner does not own any interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of, more than three (3) such single-family houses at any one time. Provided further, that the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented:

1.

Without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent, or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person and

2.

Without the publication, posting or mailing, after notice, of any advertisement or written notice in violation of this chapter; but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer the title; or

b.

Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(2)

Family includes a single individual, whether male or female.

(3)

Person includes one or more individuals, whether male or female, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers or fiduciaries.

(4)

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

(5)

Restrictive covenants shall mean any specification limiting the transfer, rental, or lease of any dwelling because of race, color, religion, national origin or sex.

(6)

Parenthood refers to a natural, adoptive, or foster parent or other person who has physical or legal custody of a child or stands in loco parentis to a child.

(7)

Handicap means any condition or characteristics that renders a person physically handicapped as defined herein.

(8)

Handicapped person means any person with a physical condition resulting in a mobility, visual, hearing or other physical impairment but does not include any person who is an alcoholic or drug abuser whose current use of alcohol or drugs would constitute a direct threat to property or the safety of others.

(Ord. No. 33,138, § 1, 10-16-84; Ord. No. 39,590, § 8, 5-18-99)

State Law reference— Similar provisions, Code of Virginia, § 36-87.

(Ord. No. 33,138, § 1, 10-16-84; Ord. No. 39,590, § 8, 5-18-99)

State law reference

Similar provisions, Code of Virginia, § 36-87.