Cal. Civ. Code § 36-96.6

Certain restrictive covenants void; instruments containing such covenants.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaProtected Classes (State/Local)

Operative Text

Cal. Civ. Code § 36-96.6
A. Any restrictive covenant and any related reversionary interest, purporting to restrict occupancy or ownership of property on the basis of race, color, religion, national origin, sex, elderliness, familial status, sexual orientation, gender identity, military status, or disability, whether heretofore or hereafter included in an instrument affecting the title to real or leasehold property, are declared to be void and contrary to the public policy of the Commonwealth.
B. Any person who is asked to accept a document affecting title to real or leasehold property may decline to accept the same if it includes such a covenant or reversionary interest until the covenant or reversionary interest has been removed from the document. Refusal to accept delivery of an instrument for this reason shall not be deemed a breach of a contract to purchase, lease, mortgage, or otherwise deal with such property.
C. No person shall solicit or accept compensation of any kind for the release or removal of any covenant or reversionary interest described in subsection A. Any person violating this subsection shall be liable to any person injured thereby in an amount equal to the greater of three times the compensation solicited or received, or $500, plus reasonable attorney fees and costs incurred.
D. A family care home, foster home, or group home in which individuals with physical disabilities, mental illness, intellectual disability, or developmental disability reside, with one or more resident counselors or other staff persons, shall be considered for all purposes residential occupancy by a single family when construing any restrictive covenant which purports to restrict occupancy or ownership of real or leasehold property to members of a single family or to residential use or structure.
Source: Legislative text reproduced verbatim
Plain English

Virginia Code § 36-96.6 declares that any restrictive covenant or related reversionary interest in a property deed or lease that attempts to limit ownership or occupancy based on characteristics such as race, religion, sex, disability, or sexual orientation is legally void and against the Commonwealth's public policy. A person receiving a property document containing such a covenant may refuse to accept it without that refusal being treated as a breach of contract. Additionally, no one may charge a fee to remove such a covenant — doing so exposes the person to liability for triple the amount charged or $500, whichever is greater, plus attorney fees. Group homes and family care homes housing individuals with disabilities are treated as single-family residential occupancy under this provision.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 36-96.6, property owners and managers should be aware that any discriminatory restrictive covenant in a deed or lease instrument has no legal force and cannot be enforced. Compliant operators generally review title documents for such covenants before transferring or leasing property, and they do not attempt to enforce or rely on any covenant that restricts occupancy on the basis of protected characteristics. Operators also take care never to solicit or accept any fee for removing such covenants, as doing so creates personal financial liability under subsection C of this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 36-96.6 gives tenants and prospective buyers the right to refuse delivery of any lease or title document that contains a discriminatory restrictive covenant, and that refusal cannot be used against them as a breach of contract. If someone attempts to charge a fee to remove such a covenant from a document, that person may be held liable for triple the amount charged or $500, whichever is greater, plus attorney fees — a right that belongs to anyone injured by the violation. Tenants who believe a discriminatory covenant is being used against them may consider consulting a tenant-rights organization or reviewing complaint options available through Virginia fair housing authorities.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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Related Rules

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Definitions
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Functions, powers and duties of commission
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Unlawful practices

Source Information

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Fetched:Oct 22, 2026, 04:46 PM UTC