Posted: 6/17/2017 1:32:55 PM EDT
| I live in a senior apt complex. Hud, section 8. No choice, due to fixed income. Privately owned. Can they ban firearms? Have searched, but can't find an answer. Thanks |
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I don't know of any federal or Virginia state law that would stop the landlord from prohibiting the possession of firearms. I'm sure that there would have to be a provision in the lease that clearly stated that firearms were prohibited on the property.
But....I am not a lawyer. My suggestion is that you contact a lawyer familiar with Virginia landlord-tenant law. |
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Yes, if it is "public housing," it is expressly illegal (see caveat below). But note that "public housing" is not defined in the "Definitions" section.
Whether your apartment complex is public housing or not would be the determinative issue. I am also not a lawyer and this is not legal advice. This is simply from a search of the Virginia Code. To determine whether this applies to your specific situation, you should consult an attorney. caveat - The code says it is illegal for a lease to require a lessee to agree to a prohibition of firearms possession unless required by federal law or regulation. It seems that HUD allows individual PHA's to decide on bans. You would need to see if the individual PHA (Public Housing Authority) that sets up your vouchers has a ban, and whether that is a "federal law or regulation," or just an advisory opinion. Code of Virginia ยง55-248.9: A. A rental agreement shall not contain provisions that the tenant: ... 6. Agrees as a condition of tenancy in public housing to a prohibition or restriction of any lawful possession of a firearm within individual dwelling units unless required by federal law or regulation; B. A provision prohibited by subsection A included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited provisions, the tenant may recover actual damages sustained by him and reasonable attorney's fees. Link |
| I'm an attorney, my read is that is VA code is pretty clear as quoted above. Generally speaking, a private business can ban firearms on its property if they so choose, but in this case they're section 8 housing so they're performing a gov't service and thus may not prohibit the lawful possession of firearms within the units. |