On behalf of the Virginia Housing Alliance, I write in support of the Guidance document. The Virginia Housing Alliance played an important role in achieving source of funds protections in the commonwealth and believes that fair implementation of these protections is important to the fair operation of the housing market. 

VHA applauds the purpose of the proposed guidance document to provide technical assistance to housing providers around actions constituting “source of funds” discrimination under the Fair Housing Act with the rightful intention of protecting prospective renters and buyers from discrimination because of how they pay their rent. We support the adoption of this guidance as representing the implementation of the legislative intent of the General Assembly in adopting source of funds protections.

This guidance is important in recognizing that different sources of funds may have varying eligibility criteria. Some legal sources of funds, such as the Housing Choice Voucher program, are administered by third-party entities who directly pay a portion of the tenant’s rent to the housing provider. 

These third-party payments are guaranteed and present less risk to a housing provider than other sources of income, such as employment income, which are not guaranteed. Furthermore, because these sources of income are guaranteed, the relevant factor for a housing provider’s risk assessment is the tenant’s portion of the rent, and not the total rent.  Requiring potential tenants to demonstrate income equal to 2-3 times the total rent due, rather than the portion they will be responsible for, is disingenuous and does not implement the legislative intent of the General Assembly.  This guidance avoids that outcome.

VHA applauds the efforts by the Real Estate and Fair Housing Boards to clarify the Virginia Fair Housing Law for housing providers. This will ensure ALL Virginians have greater access to the housing opportunities necessary for them to thrive in the Commonwealth.