Tips on Roommates
Updated: Apr 24
I looked online for finding roommates & tips on roommates and there is some great information out there, but I felt that some significant items were missing from each. Keep in mind that I am not an attorney and that attorneys are best consulted in the interpretation of the law. Laws change over time, so it's best to check the links for the most current law when the law is cited.
Tips Before Starting a Search
I am not an attorney, not providing legal advice, laws listed can change over time, & it's best to consult an attorney regarding any legal matters below for anything not provided in quotes from government sources.
Keep in mind that I am not an attorney and that attorneys are best consulted in the interpretation of the law. Laws change over time, so it's best to check the links for the most current law when the law is cited.
Get familiar with state & local law.
It's also a good idea to know local law to be able to spot things that would be against the law & not break the law yourself. You wouldn't want your advertising or selection process to land you with a criminal record unintentionally, and you wouldn't want your room share interrupted by a requirement to stop it and a criminal record from something that you didn't know was breaking the law. In some cases, laws are very different for discrimination when renting out a shared space vs renting out a separate space that you won't occupy. For instance, in VA, I can say that I don't want to rent out to women for my shared space, but I can't do that if I was not living in the property. Whether renting out a shared space or a separate space, it would be illegal, unbiblical (for those like myself where that matters), and unethical to state (or implement in practice without saying a word) that I didn't want to rent out rooms to another race.
Often cities will have codes about how many unrelated people can live in a home that is zoned for single-family & in some cases the city/county won't even allow it in attached homes even by the owner (i.e. York County, VA as of the date of publication). The type of people that can live in a room together is also often regulated by law, such as the number of people in 1 room per square foot and the age of the occupants of the room.
For instance, in VA there are laws like:
"Children over the age of two years shall not share a bed.
G. Children over the age of two shall not share a bedroom with an adult unless the local department approves and documents a plan to allow the child to sleep in the adult's bedroom due to documented needs, disabilities, or other specified conditions. Children of any age cannot share a bed with an adult.
H. Children of the opposite sex over the age of three shall not sleep in the same room.
I. Children under age seven or children with significant and documented cognitive or physical disabilities shall not use the top bunk of bunk beds."
That said, according to DPOR regarding fair housing in VA, "Housing providers should also not dictate in which bedrooms younger children of different sexes sleep, as this is a parental matter."
Be familiar with fair housing law in the US & exceptions.
Throughout the US, the Federal Fair Housing Act " In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members."
Race & color are illegal to discriminate against even if otherwise exempt.
The Fair Housing Act prohibits discrimination in housing because of:
Race
Color
National Origin
Religion
Sex (including gender identity and sexual orientation)
Familial Status
Disability"
There is an exception for shared living spaces where you can discriminate based on sex as an owner renting out rooms from where you live. There is no exception for shared living spaces for discrimination based on race or color.
Be familiar with fair housing law in your state (VA in my case) & exceptions.
See the Virginia Fair Housing Law in the code of Virginia.
As section B of § 36-96.2. Exemptions states, "Except for subdivision A 3 of § 36-96.3, this chapter shall not apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence."
Section A 3 referenced above is regarding advertising primarily, & states, "Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination on the basis of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability. The use of words or symbols associated with a particular religion, national origin, sex, or race shall be prima facie evidence of an illegal preference under this chapter that shall not be overcome by a general disclaimer. However, reference alone to places of worship, including churches, synagogues, temples, or mosques, in any such notice, statement, or advertisement shall not be prima facie evidence of an illegal preference;"
Protected classes in VA (but different in all states) under normal circumstances include:
Race
Color
Religion
National Origin
Sex (exception for shared living spaces where you can discriminate based on sex)
Elderliness
Familial Status
Disability
Source of Funds
Sexual Orientation
Gender Identity
Military Status
Know who you're looking for in advance.
Have parameters in mind for who you are looking for in