Virginia Attorney General Mark Herring filed 13 separate lawsuits against 29 real estate companies for alleged illegal source-of-income discrimination in three jurisdictions in Virginia. Real estate providers are accused of discriminating against renters with Housing Choice Vouchers. The action follows a 2020 update of Virginia’s “Fair Housing Act” to include four new protected classes: source of income, veteran status, gender identity, and sexual orientation. These are the first lawsuits filed in Virginia to enforce the prohibition on source-of-income discrimination.
The Virginia Office of Civil Rights (OCR), established in 2021, investigated evidence of discrimination by these real estate companies brought to it by the Housing Rights Initiative (HIR), a national housing nonprofit housing watchdog group dedicated to fair housing practices. HRI conducted a series of recorded calls to the real estate companies that categorically rejected callers who wanted to use their vouchers. The real estate companies told the callers that they do not accept vouchers. The OCR found extensive evidence of discrimination, and the lawsuit maintains that a rejection of vouchers is illegal housing discrimination based on the source of funds.
“Every single Virginian has the right to a safe, comfortable home, regardless of whether they have some assistance paying their rent,” said Attorney General Herring. “Blocking Virginians who would use a Housing Choice Voucher to pay their rent is outright housing discrimination and will not be tolerated in Virginia. . . . In Virginia, if you can pay the rent, you deserve the chance to qualify for the home you want.”
The lawsuits would not have been possible without the new housing discrimination protections included in the updated Virginia Fair Housing Law, which became effective in July of 2020. Aaron Carr, founder and CEO of HRI, credited the new law for the opportunity to address illegal housing practices. HRI was warned of possible widespread discrimination by a fair housing ally. While this was HRI’s first investigation in Virginia, the organization has done other research investigations in New York that have resulted in lawsuits against landlords.