Virginia Section 8, Records & Right to Counsel
Virginia rules on section 8, records & right to counsel for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. Va. Code § 36-96.3(A)
The rules in Virginia
| Statewide ban on refusing Section 8 / source of income | Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. 'Source of funds' means any source that lawfully provides funds to or for a renter, including any assistance, benefit, or subsidy program, governmental or not (§ 36-96.1:1, https://law.lis.virginia.gov/vacode/title36/chapter5.1/section36-96.1:1/), which covers housing vouchers. Source: Va. Code § 36-96.3(A) |
|---|---|
| Eviction record sealing | Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. Created 2020, c. 1013; automatic expungement added 2024, c. 372. Source: Va. Code § 8.01-130.01 |
Related questions
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
Virginia vs. neighboring states
| State | Statewide ban on refusing Section 8 / source of income | Eviction record sealing | Right to a lawyer in eviction |
|---|---|---|---|
| Virginia | Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. Va. Code § 36-96.3(A) | Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. Va. Code § 8.01-130.01 | Not verified yet |
| Kentucky | No. There is no statewide protection, and since 2024 local governments may not adopt or enforce ordinances that bar landlords from refusing to rent to someone whose rent is paid in part with a federal housing assistance program (e.g., Section 8 vouchers). This overrides the Louisville and Lexington source-of-income ordinances to the extent they cover federal housing assistance. KRS 65.874 (2024 Ky. Acts ch. 3, sec. 1, HB 18; emergency, veto overridden) | Not verified yet | No statewide right to counsel in eviction cases was found in KRS Chapter 383. KRS Chapter 383 (checked) |
| Maryland | Yes (HOME Act). It is illegal to refuse to rent to someone, or discriminate in rental terms, because of source of income. 'Source of income' means any lawful source of money paid to or for a renter, including any government or private rental assistance and Housing Choice (Section 8) vouchers. Md. Code, State Gov't §§ 20-705, 20-701(j) | Yes (shielding). Failure-to-pay-rent cases that do not end in a judgment for possession are shielded automatically by the District Court within 60 days after final resolution. If there was a judgment for possession, the tenant may ask the court to shield the records. The court may do so if the tenant redeemed (paid in full) and at least 12 months have passed, or for good cause. Shielded records may be opened only at the tenant's written request or by court order for good cause. Separately, § 8-502 allows petitions to shield COVID-era nonpayment cases filed Mar. 5, 2020 to Dec. 31, 2021. Md. Code, Real Prop. §§ 8-503, 8-502 (SB 19 / HB 181 of 2024) | Yes, a statewide access-to-counsel program. 'Covered individuals' have access to legal representation in eviction matters through the Access to Counsel in Evictions Program, run by the Maryland Legal Services Corporation. A covered individual is a non-owner occupant, including a public-housing tenant, whose household income is no more than 50% of the state median income, adjusted for household size. Md. Code, Real Prop. §§ 8-901 to 8-903 (Access to Counsel in Evictions, 2021) |
| North Carolina | No statewide protection. Since 2024 state law also bars counties and cities from adopting or enforcing ordinances that stop landlords from refusing tenants whose rent includes federal housing assistance (for example Section 8 vouchers). N.C. Gen. Stat. § 42-14.1(b) (S.L. 2024-47, s. 7) | No statute. North Carolina has no general provision for sealing or expunging summary ejectment (eviction) records. N.C. Gen. Stat. ch. 42 (no sealing provision for summary ejectment) | No statute. North Carolina has no statewide right to a lawyer in eviction cases. N.C. Gen. Stat. ch. 42, art. 3 (Summary Ejectment; no counsel provision) |
| Tennessee | No. The Tennessee Human Rights Act's housing provision covers race, color, creed, religion, sex, disability, familial status and national origin, but not source of income or vouchers. T.C.A. 4-21-601(a) | No statute. Tennessee has no law sealing or expunging eviction (detainer) records. A 2026 bill to make dismissed unlawful detainer cases confidential (HB1940/SB2016) failed in House subcommittee on March 18, 2026 and was not enacted. 2026 HB1940 / SB2016 (not enacted) | No statewide right to counsel in eviction cases. T.C.A. Title 29, Chapter 18; Title 66, Chapters 7 and 28 |
| West Virginia | Not verified yet | Not verified yet | Not verified yet |
| District of Columbia | Yes. The D.C. Human Rights Act bars refusing to rent or discriminating in terms because of source of income, and expressly treats Section 8 assistance paid to the owner (directly or through the tenant) as a source of income. Covers housing vouchers and other lawful income. D.C. Code § 2-1402.21(a), (e) | Yes, automatic: Superior Court must seal eviction records 30 days after final resolution if there is no judgment for possession for the landlord, and 3 years after final resolution if there is one (applies to older cases as of Jan. 1, 2022). By tenant motion at any time if, e.g., the case was for $600 or less, involved a subsidized unit, was retaliatory, the landlord failed to abate housing code violations, it arose from domestic violence, or a settlement left the tenant in possession, or for other good grounds. Landlords may not base screening decisions on sealed records, on cases without a possession judgment, or on cases filed 3+ years ago. D.C. Code §§ 42-3505.09, 42-3505.10(d) | Not verified yet |
City rules that may add to state law
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Compare section 8, records & right to counsel in all 50 states and DC →
Virginia Section 8, Records & Right to Counsel FAQ
Is it illegal for a landlord to refuse Section 8 vouchers in Virginia?
Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. (Va. Code § 36-96.3(A))
Can an eviction record be sealed or removed in Virginia?
Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. (Va. Code § 8.01-130.01)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.