TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

FAIR HOUSING BOARD

Proposed Regulation

Title of Regulation: 18VAC62-20. Fair Housing Certification Regulations (amending 18VAC62-20-10 through 18VAC62-20-80, 18VAC62-20-110, 18VAC62-20-120, 18VAC62-20-140, 18VAC62-20-150, 18VAC62-20-180; repealing 18VAC62-20-90, 18VAC62-20-100, 18VAC62-20-130, 18VAC62-20-160, 18VAC62-20-170).

Statutory Authority: § 54.1-2344 of the Code of Virginia.

Public Hearing Information:

August 20, 2025 - 10:30 a.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 200, Board Room Three, Richmond, VA 23233.

Public Comment Deadline: September 12, 2025.

Agency Contact: Anika Coleman, Executive Director, Fair Housing Board, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8552, fax (866) 826-8863, or email fairhousing@dpor.virginia.gov.

Basis: Section 54.1-2344 of the Code of Virginia authorizes the board to (i) establish an education-based certification or registration program for persons subject to the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) who are involved in the business or activity of selling or renting dwellings, (ii) establish educational materials on the Virginia Fair Housing Law, and (iii) approve training courses and instructors.

Purpose: The board is responsible for certifying those individuals who are involved in fair housing practices to ensure that these individuals are aware of the complexities of fair housing laws and regulations. As mandated by the General assembly, the board protects the public welfare, in part, by establishing through regulation (i) the minimum qualifications of applicants for certification or licensure, provided that all qualifications are necessary to ensure either competence or integrity to engage in the profession or occupation; (ii) minimum standards to ensure continued competency and to prevent deceptive or misleading practices by practitioners; and (iii) requirements to effectively administer the regulatory system administered by the board.

Substance: The proposed amendments (i) update definitions to comport with statute; (ii) eliminate the requirement for applicants and certificate holders who have previously violated fair housing laws to complete an additional two hours of training in federal or state discrimination laws and regulations; (iii) require that applicants provide the board with an address of record; (iv) condense fee schedules into a single section; (v) remove the requirement that a certificate holder return a renewal application form to the board to renew certification; (vi) repeal a section that addresses the board's discretion to deny renewal of a certification; (vii) remove unnecessary or unauthorized requirements, including those regarding notification of changes of address, requirements for a physical address, proof of certification to be displayed at the place of business, board approval of propriety schools, training course completion certificates containing the number of hours completed, and a prohibition on a post office box being an acceptable address; (viii) give certificate holders a total of 60 days to notify the board of a change in address or name; (ix) incorporate existing requirements for fair housing instructor and fair housing course approval that are imposed on instructors and course providers, including training requirements for instructors and course provider application requirements; and (x) repeal a section that requires copies of instructor approval be available at the location where a course is taught.

Issues: The primary advantages to the public, the Commonwealth, and the regulated community include clarification of the regulation, ensuring the regulation complements Virginia law and reflects current agency procedures, and reducing regulatory burdens by removing requirements that are not necessary to protect the health, safety, and welfare of the public or to effectively administer the program. There are no identifiable disadvantages to the public or the Commonwealth. It is not anticipated that the regulatory change will create any substantial disadvantages to the regulated community.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Fair Housing Board (board) proposes to (i) no longer require that a proprietary school obtain approval from the board to teach fair housing courses, (ii) eliminate two additional hours of required training for certain individuals, (iii) remove rules that mandate the physical mailing of renewal applications to regulants, (iv) allow a post office box to be used as an address, and (v) allow more time to report a change of address.

Background. This regulation establishes fair housing rules for certifying individuals who are in the business or activity of selling or renting dwellings. The regulation establishes (i) minimum qualifications of applicants for certification, provided that all qualifications are necessary to ensure either competence or integrity to engage in the profession or occupation; (ii) minimum standards to assure continued competency and to prevent deceptive or misleading practices by practitioners; and (iii) requirements to effectively administer the regulatory system. According to the board, these requirements are designed to ensure that individuals engaged in real estate transactions (whether as agents, brokers, or property managers) are fully aware of and adhere to the fair housing standards established by Virginia law. This adherence is critical in fostering equitable treatment for all individuals seeking housing and preventing discriminatory practices based on race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability. The board states that in accordance with the provisions of Executive Directive Number One (2022),² it conducted a general review of this regulation to identify areas where regulatory requirements could be removed or reduced. The substantive changes discussed below represent the results of board review.

Estimated Benefits and Costs. The board proposes to no longer require that a proprietary school obtain approval to teach fair housing courses to regulants. According to the board, approval of proprietary schools is not authorized by § 54.1-2344 of the Code of Virginia, which grants the board only the power to approve training courses and instructors. Under the current regulation, however, such schools have been paying a $100 initial application fee or $100 renewal fee every two years and have to demonstrate financial responsibility. Under the proposal, these schools would be expected to save approximately $800 biennially in fees and other administrative expenses they would have otherwise spent to obtain board approval. Consequently, a corresponding reduction in board fee revenues would be expected. The board also proposes to eliminate the requirement for applicants who have previously violated fair housing laws within the five years prior to their application to complete an additional two hours of training in federal or state discrimination laws and regulations. Similarly, certificate holders who violated such laws within the past two years would no longer be required to complete two additional hours of training, which would result in savings in terms of time, travel, and expenses to obtain such additional training. According to the board, such additional training currently being required is duplicative, unnecessary, and does not provide any additional protection to the public. Furthermore, the board proposes to remove rules that mandate the physical mailing of renewal application to the regulants. According to the Department of Professional Occupational Regulation (DPOR), a new licensing system is being developed to provide a paperless process for regulants to renew licenses as well as to perform other maintenance functions electronically. The development of the new system is expected to virtually eliminate the need for licensing transactions to involve the physical mailing of documents. Thus, the main impact of this regulatory change is to facilitate the transition from the current paper-based renewal process to a paperless system for renewal transactions that DPOR is planning to implement. Finally, the board proposes to remove the prohibition on using a post office box as an acceptable address and to allow certificate holders 60 days, rather than 30 days, to notify the board of any address or name changes. These changes would allow certificate holders additional flexibility or time to report changes of name or address to the board.

Businesses and Other Entities Affected. As of February 1, 2025, there were 2,084 fair housing certificate holders and 10 fair housing instructors certified or approved. Also, currently there are nine proprietary schools that would no longer require approval from the Board.³ No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ The proposal does not increase costs nor does it reduce revenues for any of the regulated entities. Thus, no adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The Board notes that fair housing certifications are issued to individuals, and not to business entities. That said many certificated individuals are likely owners or employees of business entities that meet the definition of "small business" in § 2.2-4007.1 of the Code of Virginia. In addition, training course providers are likely business entities that meet the definition of "small business" in § 2.2-4007.1 of the Code of Virginia. However, the proposed amendments do not adversely affect any entity, including small businesses.

Localities⁸ Affected.⁹ The proposed changes do not introduce costs on localities nor do they disproportionately affect any locality more than others.

Projected Impact on Employment. The proposed change to no longer require proprietary school approval may reduce regulant and board staff time needed for such approvals. Similarly, no longer requiring two additional hours of training for certain individuals may free up their time and reduce training provider businesses. However, whether any of these effects would have a significant impact on total employment is not known.

Effects on the Use and Value of Private Property. The fee and administrative cost savings to the proprietary schools should reduce their costs and add to their profitability and asset values. On the other hand, no longer requiring two additional hours of training from certain individuals would likely offset some of the expected savings to proprietary schools. No impact on the real estate development costs is expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² https://www.governor.virginia.gov/media/governorvirginiagov/governor-of-virginia/pdf/ed/ED-1-Regulatory-Reduction.pdf.

³ https://www.dpor.virginia.gov/sites/default/files/boards/Fair_Housing/fhb_approved_schools.pdf.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Fair Housing Board concurs with the Department of Planning and Budget's economic impact analysis.

Summary:

Pursuant to Executive Directive One (2022), the proposed amendments (i) update definitions, (ii) remove a requirement that a proprietary school obtain board approval to teach fair housing courses, (iii) eliminate two additional hours of required training for certain individuals, (iv) consolidate fee schedules, (v) remove a requirement that the board physically mail renewal applications to regulants, (vi) allow regulants to use a post office box as an address, and (vii) allow more time to report a change of address.

18VAC62-20-10. Applicability.

This chapter is applicable to persons subject to the Virginia Fair Housing Law (§ 36-96.1 et seq. of the Code of Virginia) who are in the business or activity of selling or renting dwellings as defined in this chapter, except those individuals who hold a valid license issued by the Real Estate Board.

18VAC62-20-20. Definitions.

The following words and terms when used in this chapter, unless a different meaning is provided or is plainly required by the context, shall have the following meanings unless a different meaning is provided or is plainly required by the context:

"Board" means the Fair Housing Board.

"Certificate holder" means any person in the business of selling or renting dwellings holding who holds a valid certificate issued by the board.

"Certification" means the process by which the board issues a certificate to a person certifying completion of the entry requirements established by this chapter.

"Hour" means 50 minutes.

"Person in the business or activity of selling or renting dwellings" means any person who (i) within the preceding 12 months has participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein or (ii) is the owner of any combination of residential dwelling designed or intended for occupancy by or units occupied by five or more families. "Person in the business or activity of selling or renting dwellings" does not include any person involved in the sale of a dwelling or interest therein pursuant to a deed of trust or in full or partial satisfaction of a debt that was secured by such dwelling or interest therein or other lien on such property.

"Proprietary school" means (i) a privately owned school;, (ii) a real estate professional association;, or (iii) other entities, not under the authority of the Department of Education but approved by the Fair Housing Board to teach fair housing courses.

"Provider" means an accredited university, college, community college, or high school offering adult distributive education courses, or a school offering fair housing related courses.

18VAC62-20-30. Qualifications for certification.

A. Every applicant for fair housing certification shall must have the following qualifications:

1. The applicant shall must complete two hours of fair housing training approved by the board or the Real Estate Board.

2. The applicant shall must have taken the two-hour fair housing training within two years of the date of application.

3. If the applicant has in the last five years been found in a court or an administrative body of competent jurisdiction to have violated the Virginia Fair Housing Act (§ 36-96.1 et seq. of the Code of Virginia), the fair housing laws of any jurisdiction of the United States, including without limitation Title VIII of the Civil Rights Act of 1968 (82 Stat. 73), or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed, then the applicant shall disclose said those violations and complete an additional two hours of training in other applicable federal and state discrimination laws and regulations.

B. Applicants must provide an address that will serve as the address of record.

18VAC62-20-40. Application fees Fees.

A. All application fees are nonrefundable and the date of actual receipt by the board or its agent is the date that will be used to determine whether it the fee is timely received.

B. The application fee for certification shall will be $25.

C. All fees for renewal are nonrefundable, and the date of actual receipt by the board or its agent is the date that will be used to determine whether the fee is timely received.

D. Renewal fees are as follows:

Renewal fee	$25
Late renewal fee	$25

E. The application fee for approval as an instructor will be $100.

F. The renewal fee for an instructor will be $100.

G. The reinstatement fee for an instructor will be $50.

18VAC62-20-50. Renewal required.

Certificates issued under this chapter shall will expire two years from the last day of the month in which they were issued, as indicated on the certificate.

18VAC62-20-60. Qualification for renewal.

A. As a condition of renewal, all certificate holders shall will be required to satisfactorily complete two hours of fair housing training approved by the board or the Real Estate Board within the preceding two years.

B. As a condition of renewal, all certificate holders shall have taken the two-hour fair housing training within two years of the date of renewal application.

C. B. Each certificate holder desiring to renew the certificate shall must return to the board the renewal application form and the appropriate fee as outlined in 18VAC62-20-90 18VAC62-20-40.

D. C. If the certificate holder has in the last two years been found in a court or an administrative body of competent jurisdiction to have violated the Virginia Fair Housing Act (§ 36-96.1 et seq. of the Code of Virginia), the fair housing laws of any jurisdiction of the United States, including without limitation Title VIII of the Civil Rights Act of 1968 (82 Stat. 73), or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed, then the certificate holder shall must disclose said those violations and complete an additional two hours of training in other applicable federal and state discrimination laws and regulations.

18VAC62-20-70. Procedures for renewal.

The board will mail send a renewal notice to the certificate holder at the last known address. Failure of the certificate holder to receive these notices does not relieve the certificate holder of the obligation to renew.

18VAC62-20-80. Failure to renew.

A. If the requirements for renewal of a certificate, including receipt of the fee by the board, are not completed by the certificate holder within 30 days of the expiration date noted on the certificate, a late renewal fee shall will be required in addition to the renewal fee.

B. If the requirements for renewal of a certificate, including receipt of the fee by the board, are not completed by the certificate holder within six months of the expiration date noted on the certificate, the certificate holder shall must apply as a new applicant.

18VAC62-20-90. Fees for renewal. (Repealed.)

A. All fees for renewal are nonrefundable, and the date of actual receipt by the board or its agent is the date that will be used to determine whether it is timely received.

B. Renewal fees are as follows:

	Renewal fee	$25
	Late renewal fee	$25

18VAC62-20-100. Board discretion to deny renewal. (Repealed.)

The board may deny renewal of a certificate for the same reasons as it may refuse initial certification.

18VAC62-20-110. Maintenance of certificates.

A. A certificate holder shall keep the board informed of his current address at all times. Changes of address shall must be reported to the board in writing within 30 60 calendar days after such change. A physical An address is required; a post office box is not acceptable. The board shall will not be responsible for the certificate holder's failure to receive notices, communications, and correspondence caused by the certificate holder's failure to promptly notify the board of any change of address.

B. A certificate holder shall must notify the board in writing of a name change within 30 60 calendar days of any change in the certificate holder's legal name. Such notification shall must be accompanied by a copy of a marriage certificate, divorce decree, or court order or other documentation that verifies the name change.

C. Proof of certification shall be accessible in the place of business.

18VAC62-20-120. Proprietary school standards; course Course requirements; instructor requirements.

A. Every applicant to the board for a proprietary school approval shall submit evidence of financial responsibility to ensure that these schools protect the public health, safety and welfare.

B. Every applicant to the board for approval as an instructor shall must have the following qualifications:

1. The applicant shall must be a qualified expert in a field related to fair housing who will teach only in the area of his the applicant's expertise. Each applicant will be required to state his the applicant's area of expertise and furnish proof of his expertise, including, but not limited to, educational transcripts, professional certificates, and letters of reference that will verify the applicant's expertise. The applicant must have completed at least eight hours of fair housing courses, including two hours within the last 12 months.

2. The applicant shall must disclose whether in the last five years he the applicant has been found in a court or an administrative body of competent jurisdiction to have violated the Virginia Fair Housing Act (§ 36-96.1 et seq. of the Code of Virginia), the fair housing laws of any jurisdiction of the United States, including without limitation Title VIII of the Civil Rights Act of 1968 (82 Stat. 73), or the Civil Rights Act of 1866 (14 Stat. 27), there being no appeal therefrom or the time for appeal having elapsed.

C. B. Providers of fair housing courses shall must submit all subjects to the board for approval prior to initially offering the course. The board shall will approve each course based on the relevance of the subject to fair housing. Those providers that propose to offer courses A provider seeking approval of a course must submit the an application for course along with any required documentation approval on an application a form provided by the board. In addition to the appropriate fee provided in 18VAC62-20-40, the application must include:

1. A course syllabus listing the main points of the course;

2. A copy of current Fair Housing Board Instructor Certification from each instructor;

3. A comprehensive, timed course outline indicating course subjects and the number of minutes of instruction for each subject;

4. A copy of the course materials used or distributed, including books, handouts, pamphlets, overhead slides, and detailed lecture notes; and

5. A copy of the proposed course completion certificate, which includes:

a. Course name;

b. Course number;

c. Course date;

d. Student name;

e. Proprietary school name; and

f. A statement that the course is approved for Fair Housing Certification by the Virginia Fair Housing Board.

D. C. All instructors shall providers must provide each student with a document that the student may use as proof of course completion. The document shall contain the number of hours completed.

18VAC62-20-130. School renewal procedures. (Repealed.)

A. Approval of a proprietary school shall expire two years from the last day of the month in which it was issued, as indicated on the proprietary school approval.

B. The board will mail a renewal notice to the proprietary school at the last known address. Failure of the proprietary school to receive the notice does not relieve the proprietary school of the obligation to renew.

C. If the renewal requirements are not completed within 30 days of the expiration date noted on the proprietary school approval, the proprietary school shall no longer offer board-approved courses.

18VAC62-20-140. Course renewal procedures.

A. Approval of a course shall will expire two years from the last day of the month in which it was issued, as indicated on the approval document.

B. The board will mail send a renewal notice to the course provider at the last known address. Failure of the course provider to receive the notice does not relieve the course provider of the obligation to renew.

C. If the renewal requirements are not completed within 30 days of the expiration date noted on the course approval, the course shall will no longer be offered as a board approved course eligible for renewal.

18VAC62-20-150. Instructor renewal procedures.

A. Approval of an instructor shall will expire two years from the last day of the month in which it was issued, as indicated on the approval document.

B. The board will mail send a renewal notice to the instructor at the last known address. Failure of the instructor to receive the notice does not relieve the instructor of the obligation to renew.

C. If the requirements for renewal of an approved instructor, including receipt of the fee by the board, are not completed within 30 days of the expiration date on the approval document, a reinstatement fee shall will be required. Approval as an instructor may be reinstated for up to one year following the expiration date with payment of the reinstatement fee. After one year, the approval as an instructor shall will not be reinstated under any circumstances and the instructor must meet all current requirements and apply as a new applicant.

18VAC62-20-160. Fees. (Repealed.)

A. The application fee for approval of a proprietary school shall be $100.

B. The renewal fee for proprietary school approval shall be $100.

C. The application for approval as an instructor shall be $100.

D. The renewal fee for an instructor shall be $100.

E. The reinstatement fee for an instructor shall be $50.

18VAC62-20-170. Posting of instructor approval. (Repealed.)

Copies of the instructor approval shall be available at the location where a course is taught.

18VAC62-20-180. Withdrawal of approval.

The board may withdraw approval of any proprietary school, approved instructor or course for the following reasons:

1. The proprietary school, instructor or course no longer meets the standards established by the board.

2. Where the instructor has been found to have violated or cooperated with others in violating any provision of Chapter 5.1 (§ 36-96.1 et seq.) of Title 36 of the Code of Virginia, the fair housing laws of any jurisdiction of the United States, including without limitation Title VIII of the Civil Rights Act of 1968 (82 Stat. 73), or the Civil Rights Act of 1866 (14 Stat. 27).