These comments are submitted on behalf of Central Virginia Legal Aid Society which provides free civil legal aid to low-income people in Richmond, Petersburg, Charlottesville, and the surrounding cities and counties.  The proposed guidance on “Housing Discrimination on the basis of Source of Funds” correctly interprets and applies the new "source of funds" protection incorporated into the Virginia Fair Housing law on July 1, 2020.

The proposed guidance absolutely does not violate the Virginia Fair Housing Act and does not show preferential treatment to voucher holders.  It simply invalidates a policy – using an income to rent ratio based on total rent, as opposed to tenant share of the rent – which has a disparate impact on a protected category (source of funds), and probably has a disparate impact on three other protected categories (race, gender and disability).  

This does not mean a landlord cannot use other substantial, legitimate, non-discriminatory criteria in deciding to whom to rent.  For example, a landlord can use an applicant’s past tenant record in determining whether the applicant will be a good neighbor and follow rules & regulations.  But there simply is no substantial, legitimate, non-discriminatory reason to consider the applicant’s ability to pay the total rent, when the applicant legally is required to pay only the tenant share and the §8 agency pays the remaining rent.

A landlord who uses an invalid income to rent ratio based on total rent violates the Virginia Fair Housing Act just as much as a landlord who uses the color of a person’s skin to determine to whom to rent.  The Source of Funds bill specifically dealt with landlord concerns about paperwork by creating an exemption if the request for lease approval is not approved within 15 days of submitting the request.  In addition, landlords who routinely use 25-30 page leases have little to complain about paperwork.

No adjustments need to be made to the proposed guidance which should be passed as is in order to provide immediate protection for voucher holders.