AG Herring filed series of lawsuits against multiple companies alleging housing discrimination against Virginians

RICHMOND (January 14, 2022) – Following a series of lawsuits filed by Attorney General Herring’s Office of Civil Rights (OCR) against real estate companies for alleged illegal housing discrimination in central Virginia, Attorney General Herring has obtained more than $100,000 in monetary relief, as well as opened up thousands of housing opportunities for more Virginians.

“No Virginian should ever have to worry about being discriminated against while they’re trying to find safe housing for themselves and their families. Refusing to rent to someone who is using a Housing Choice Voucher is not only illegal but it’s blatant housing discrimination and it will not be tolerated in the Commonwealth,” said Attorney General Herring. “I commend these housing providers for coming to the table, acknowledging issues that prevented voucher holders from accessing their properties, and recommitting to fair housing principles of equality and choice for all. I want to thank my Office of Civil Rights for all of their hard work on these cases, because of them, voucher holders now have thousands more housing opportunities that will be open to them.”

Under a Virginia law that became effective in July 2020, it is illegal for landlords to discriminate against people who use assistance—including Housing Choice Vouchers, disability income, veteran benefits, rent relief, and more—to secure housing. In October 2021, Attorney General Herring filed 13 lawsuits, the first filed under the new law, against 29 real estate companies based on testing evidence from Housing Rights Initiative (HRI), a national nonprofit housing watchdog group dedicated to promoting fair and lawful housing practices. In recorded phone calls, staff for the real estate companies told the testers that they do not accept Housing Choice Vouchers.

In addition to monetary relief exceeding $100,000, these settlements provide significant public interest relief, including widespread affirmative marketing to Housing Choice Voucher holders.

Some of the terms in the agreements include:

1. Affirmative marketing campaigns to highlight properties to home-seekers searching for housing with terms like “vouchers accepted” and “voucher apartments”

2. Listing property availability on websites used by Housing Choice Voucher holders to search for housing, including www.virginiahousingsearch.com and www.affordablehousing.com

3. Implementation of strong non-discrimination policies that include “source of funds,” including confirmation that employees have received and agreed to abide by the policy

4. Ongoing fair housing training for employees, including portions dedicated to preventing source-of-funds discrimination

5. Posting of fair housing compliance on property websites and in property management offices

6. Assuring that any third-party contractors that have contact with home seekers know not to discriminate based on the source of funds

7. Regular reporting to OCR of voucher applicants, outcomes of those applications, and the reasons therefore

Landlords like Bell Partners and Campus Apartments, recognizing both the importance of diverse communities and the value of ensuring that low-income home seekers and others who use alternative sources of funds are able to live in their communities, agreed to even more extensive public interest relief by creating significant changes to their policies, thereby ensuring that housing was available on a nondiscriminatory basis to countless tenants in Virginia and across the country.

“The outcomes of these historic lawsuits speak to the power and promise of non-profits and government agencies working together to uproot the illegal practices of housing discrimination. These settlements pave the path for our continued work in the Commonwealth of Virginia and across the country. This is just the beginning,” said Aaron Carr, Founder and Executive Director of Housing Rights Initiative.

“The Virginia Fair Housing Office applauds the Office of the Attorney General and housing providers for reaching an agreement in these cases with substantial public interest relief. These settlements will contribute to a greater understanding of the source of funds protection, and why compliance is good for housing providers as well as residents and neighborhoods across the Commonwealth,” said Lizbeth Hayes, Virginia Fair Housing Office Director at the Department of Professional & Occupational Regulation.

Attorney General Herring’s Office of Civil Rights has settled the following matters:

• Campus-Sydnor, LLC d/b/a The Sydnor Flats; CCSHP The Collection, LLC d/b/a The Collection Midtown; and Campus Apartments, LLC d/b/a Pierce Arrow Properties

• FC Cameron Kinney LLC and Brookfield Properties Multifamily, LLC

• Shockoe Realty Ventures LLC and Gates, Hudson, and Associates, Inc.

• Historic Broad Pioneers, LLC d/b/a Metro Sound Apartments

• Copper Springs Property LP and Bell Partners Inc.

• Dominion Realty Partners, LLC and Rivergate KW Management LLC

The below cases brought by Attorney General Herring’s Office of Civil Rights remain pending:

• PMC Kensington Court Apartments, LLC; 1806 East Franklin Street, LLC; 403 Stockton Street, LLC; PMC/Seaboard, LLC; and PMC Property Group, Inc

• Harrison Street Development LLC and 18th Street Management, LLC

• Miller & Rhoads Condominium Association, Inc. and HRI Properties, LLC.

• CB Richmond Associates, L.C. and Rangewater Residential, LLC

• Falling Creek BL Owner LLC and Brick Lane LLC

About Attorney General Herring’s Office of Civil Rights
The Office of Civil Rights, established by AG Herring in 2021, investigates and brings lawsuits to challenge discriminatory patterns and practices that harm Virginia residents. The Office of Civil Rights is the culmination of a multi-year plan to expand the authority and resources dedicated to protecting the civil rights of Virginians and to place the protection of civil rights at the center of the mission of the Office of Attorney General.

About the Virginia Fair Housing Office
The Virginia Fair Housing Office, located within the Department of Professional and Occupational Regulation, investigates complaints alleging discrimination in housing on the basis of race, color, religion, national origin, sex, elderliness, family status, disability, source of funds, sexual orientation, gender identity, or military status.

If you believe you have a housing discrimination complaint, please reach out to the Virginia Fair Housing Office to file a complaint at:
• www.dpor.virginia.gov/FairHousing
• (888) 551-3247