I support Virginia's proposed Guidance Document which outlines specific scenarios in which the new Source of Funds protection applies and those in which it might not. The document interprets the statute using both the General Assembly's intent and similar laws found across the United States as a guidepost to ensure that all residents, regardless of their source of funds, have access to housing free from discrimination. Source of funds or source of income discrimination has been used as a backdoor to unlawful discrimination against potential renters based on race, disability, and other protected classes for decades. It also significantly reduced the efficacy of the Housing Choice Voucher program and the ability of low-income renters to move to higher opportunity neighborhoods. 

The proposed Guidance document provides helpful context to home sellers and their continued ability to consider financial terms and conditions from prospective purchasers without violating the source of funds protected class. It also clarifies that rental property owners may continue to request information about prospective tenants' source of funds and how that information may be used when making a rental decision. It rightly notes that the permanency of the funds and their source cannot be legally considered because of the discriminatory impact on renters. It also provides important criteria for considering how to apply income threshold standards so that prospective renters with government or private subsidies are not unlawfully blocked from renting a unit when they have enough income to meet all rent obligations. 

The Guidance Document also correctly states that a property owner's unwillingness to participate in the Housing Choice Voucher program because of real or perceived burdens is not a defense against violations of the Virginia Fair Housing Law and source of funds protections. The passage of source of funds protections in Virginia and elsewhere has been largely driven by property owners' refusal to rent to recipients of Housing Choice Vouchers which has helped keep program participants confined to high-poverty neighborhoods and negates the positive impact of the Federal housing program which all of our tax dollars support.

Lastly, the Guidance Document provides clarity around the 15-day exemption and how property owners' good faith in working with prospective renters as well as Public Housing Authorities is required to mount that defense. This clarification helps ensure that a property owner acting in bad faith cannot circumvent the law's protections for Housing Choice Voucher recipients by delaying the request for the tenancy approval or inspection process. 

Thank you for issuing these guidelines which will hopefully prevent unnecessary lawsuits and litigation over the interpretation of this critical protection for Virginia residents.