Independent Living in Virginia

Virginia has earned the nicknames “Old Dominion” and “Mother of Presidents” due to the state’s long and storied history. Founded as one of the oldest British colonies, Virginia has also been the birthplace of 8 former U.S. presidents. From the breathtaking Blue Ridge Mountains in the west, to its scenic beaches along the Atlantic coast as well as its proximity to the Washington, D.C. metropolitan area, Virginia truly has something for everyone and is a great place to retire.

A Place for Mom’s Senior Living Advisors can help you find the best retirement communities in Virginia. Currently, A Place for Mom partners with more than 120 retirement communities in Virginia that provide independent living. The median monthly cost of independent living in Virginia is about $2,500.

Virginia only regulates independent living communities if they share a building or campus with an assisted living or memory care facility. Conversely, stand-alone independent living communities only need to follow general rental and housing regulations. Some communities do have their own constraints though, such as residents needing to be 55+.

Regulations for independent living communities on a senior care campus

When independent living communities share a building or campus with an assisted living and/or memory care unit, they must follow the same regulations. The Virginia Department of Social Services licenses these facilities and inspects them to confirm policy compliance.

Regulations for stand-alone independent living communities

Since Virginia doesn’t regulate stand-alone independent living communities at a state level, landlords and tenants are responsible for obeying general housing and apartment guidelines. Landlords are obligated to:^[01]

• Comply with applicable building and housing code requirements that affect health and safety
• Make repairs and do what is necessary to maintain the premises in a fit, habitable condition
• Keep all common areas clean and structurally safe (if applicable)
• Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances
• Prevent the accumulation of moisture and the growth of mold
• Provide and maintain appropriate garbage receptacles
• Supply running water and reasonable amounts of how water at all times, as well as reasonable air conditioning and heat
• Provide a certificate to the tenant every 12 months that states the smoke alarms are present, have been inspected, and are in working order

Likewise, tenants have their own responsibilities that include:^[01]

• Complying with all obligations imposed on tenants by applicable building and housing codes affecting health and safety
• Keeping the dwelling they occupy clean and safe
• Preventing insects and pests from occupying the unit, and informing the landlord if any are currently there
• Promptly removing garbage and all waste in a clean, safe manner from the property
• Keeping all plumbing fixtures as clean as possible
• Using all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in a reasonable manner
• Not deliberately or negligently destroying or defacing property
• Using reasonable efforts to prevent accumulation of moisture and the growth of mold
• Not tampering with smoke or carbon monoxide alarms
• Bearing responsibility for any conduct or damage a guest causes

Protections against discrimination

The Fair Housing Act, Section 504 of the 1973 Rehabilitation Act, and the Americans with Disabilities Act (ADA) provide safeguards to tenants from renting discrimination. Virginia’s Fair Housing Law also protects tenants from prejudice based on:^[02]

• Race
• Color
• Religion
• National origin
• Sex
• Age
• Familial status
• Disability
• Source of funds
• Sexual orientation
• Gender identity
• Military status

Landlords must also provide reasonable accommodations and reasonable modifications for tenants. Reasonable accommodations refer to a change, exception, or adjustment to rules and policies to allow someone complete access and enjoyment of the property. For instance, letting a tenant to transfer to a ground floor unit or allowing them to break their lease without penalty if they can’t live alone anymore both qualify.

Reasonable modifications are structural or physical changes that similarly let a tenant to fully access and enjoy the property. In private housing, tenants are responsible for modification costs, but landlords pay when their housing receives any kind of federal financial assistance. Installing a ramp into a building, adding grab bars to bathroom walls, and lowering the entry threshold of a unit are all examples of reasonable modifications.

How to find independent living community inspection reports

There aren’t inspections at a state level, but many cities and counties in Virginia do have regulations in place for landlords. For example, Roanoke and Bristol have districts that require an interior and exterior inspection of rental properties every four years after an initial inspection. Because of this, it’s a good idea to contact the local housing authority if you’re curious what rental inspection policies are in place.

State inspections and complaint investigations

When sharing a building or campus with an assisted living and/or memory care facility, the Virginia Department of Social Services conducts unannounced inspections of independent living communities at least annually. However, if someone files a complaint against the facility, inspections can occur sooner. The inspection process is comprised of:^[03]

• An initial meeting of the inspection team with facility staff
• A facility tour
• Resident, family member, and staff interviews
• Staff activity observations, including medication administration
• Documentation review
• An exit interview

In the event the department finds any violations, the facility must submit a Plan of Correction (PoC) within 15 calendar days describing how the problem(s) will be handled. Afterward, the facility can request the department conduct a follow-up review to confirm the correction(s).

Finding state inspection reports

The department’s thorough online tool allows you to view a facility’s complaint, violation, and licensure reports. Select either “assisted living care” or “special care unit” to find a specific facility, or you can search by its name, city/town, or zip code. You can also contact the long-term care ombudsman service for information concerning a facility’s violation history.

Virginia Department of Health contact information

Virginia Department of Health
109 Governor Street
Richmond, Virginia 23219

Phone Number: 804-864-7000