By Shirleen Guerra | The Center Square
(The Center Square) – A conservative nonprofit law firm has filed a federal lawsuit challenging Virginia’s fair housing law, saying the state’s ban on “source of income” discrimination effectively forces landlords to participate in the federal Housing Choice Voucher program commonly known as Section 8.
The lawsuit, filed by The Hamilton Lincoln Law Institute in the U.S. District Court for the Eastern District of Virginia, targets provisions of Virginia’s Fair Housing Law that prohibit landlords from refusing tenants based solely on how they pay rent, including through federal housing vouchers.
The plaintiffs say the law goes beyond preventing discrimination and instead compels private property owners to take part in a federal program they say carries additional administrative requirements, inspections and contractual obligations.
“Section 8 is voluntary, and Virginia cannot use housing law to coerce warrantless searches,” said Ted Frank, the institute’s cofounder and director of litigation.
Virginia added “source of income” as a protected class under its fair housing statute in 2020 This makes it illegal for landlords to reject applicants solely because they use housing assistance or other lawful payment sources.
The law is enforced by the Virginia Fair Housing Board and Fair Housing Office, which investigate discrimination complaints and may impose penalties for violations.
The lawsuit does not challenge the federal Section 8 program itself.
Rather, it focuses on how Virginia enforces its fair housing statute. It says landlords are left without a meaningful ability to opt out of voucher participation under state law.
According to U.S. Department of Housing and Urban Development data, nearly 50,000 low-income households in Virginia rely on Housing Choice Vouchers to help pay rent in the private market.
The data also shows voucher utilization in Virginia exceeding 80%, reflecting high demand and limited housing availability.
Virginia is one of at least 17 states that prohibit discrimination based on lawful sources of income, though the scope and enforcement of those laws vary.
Courts have generally upheld source-of-income protections. Legal challenges have continued in some states and cities, including New York and local jurisdictions in Ohio and Missouri, where landlords or local governments have argued the laws improperly compel participation in the federal Section 8 program.
The lawsuit asks the court to block enforcement of Virginia’s source-of-income protections and declare the law unconstitutional.
No judge has ruled on the case, and the law remains in effect.
TCS was unsuccessful prior to publication getting comment from the Virginia attorney general’s office and state housing officials.
