Overview
On July 1, 2024, Equal Rights Center (ERC) announced a Cooperation Agreement to resolve its housing discrimination lawsuit against AIR Property Management TRS, LLC (“AIR”) which manages several Washington D.C. apartment complexes in Northwest D.C. neighborhoods, including Latrobe Apartment Homes in Logan Circle, Upton Place in Cathedral Heights, and Vaughan Place in McLean Gardens.
As part of the settlement, AIR agrees not to deny applicants on illegal bases, including having criminal records more than 7 years old and evictions more than 3 years old, as well as using income-based housing subsidies, such as vouchers, to pay for rent. In accordance with D.C. law, it also won’t consider credit scores for those using housing subsidies.
In addition, AIR has agreed to implement several measures to ensure a fair and equitable tenant screening process, including:
- Revising its tenant screening policy and criteria as needed to comply with D.C. law, and distributing the policy to all employees involved in management and leasing of apartments;
- Requesting prospective tenants disclose their voucher status prior to the running of income and credit checks; and
- Ensuring that all prospective tenant screening procedures comply with DC’s protections for voucher holders, people with prior evictions, and people with criminal records.
In addition, ERC will provide annual training programs to all employees involved in the screening, leasing, and management functions and testing for compliance with the above provisions.
Case Background
Filed on February July 1, 2024, the Equal Rights Center (ERC) ERC claimed that AIR properties, including Latrobe Apartments and Vaughn Place stated on their websites and implement unlawful rental application requirements, including minimum credit scores and income requirements for voucher holders, along with overbroad eviction history and criminal record screenings in violation of the D.C. Consumer Protection Procedures Act (DCCPPA), as well as the D.C. Human Rights Act (DCHRA), the D.C. Rental Housing Act, and the D.C. Fair Criminal Record Screening for Housing Act of 2016 (DCFCRSHA), which underlie additional claims brought under DCCPPA.
ERC, which brought the lawsuit on behalf of such individuals who may not be aware of such injustices and/or do not have the means to access counsel to address such injustices before the court., asserted that housing vouchers, including the federal government’s Housing Choice Vouchers, are of critical importance in the District of Columbia. These vouchers allow thousands of low-income families to obtain safe, decent, and affordable housing in the neighborhoods of their choice. They are also critical to helping the District reduce racial and ethnic segregation in its neighborhoods, thereby increasing economic mobility throughout the District.
Recognizing this important goal, vouchers are a protected source of income under the DCHRA. It is unlawful to discriminate against someone based on source of income, including denying housing to applicants because of their use of a voucher or implementing unnecessary credit and other background screening requirements on such applicants. In addition, the District has enacted legislation protecting all rental housing applicants from overbroad screening requirements based on prior evictions and criminal records.
In this case, the ERC claimed that through statements made on their respective websites and in recorded fair housing tests conducted by ERC, Defendants made the following statements: (1) Latrobe Apartment Homes did not have any apartment units available for applicants using vouchers, despite having available apartments for other renters; (2) voucher holders must meet minimum credit score requirements at Latrobe Apartment Homes and Vaughan Place to be approved for apartments at those complexes; (3) voucher holders must meet minimum income requirements at Latrobe Apartment Homes and Vaughan Place to be approved for apartments at those complexes; (4) sealed eviction records and/or evictions filed three or more years ago may be grounds to deny individuals applying to Latrobe Apartment Homes and Vaughan Place; and (5) a criminal history, even if more than seven years old, may be grounds to deny individuals applying to Latrobe Apartment Homes and Vaughan Place.
Accordingly, the ERC brought this action to vindicate its consumer protection rights and the consumer protection rights of those it represents under the DCCPPA, and to obtain an injunction and damages—including statutory and treble damages under the DCCPPA—to remedy those injuries.