jonetta rose barras: Housing discrimination in DC

His name may not be known to me — neither is the color of his hair or eyes. However, this much is indisputable: He was a homeless veteran in the District of Columbia. He died while fighting against a landlord and a management company whose housing policies violated local laws.

The veteran’s story began in the summer of 2016. Housing Counseling Services — a nonprofit dedicated to providing comprehensive services to low- and moderate-income renters, homebuyers and homeowners — had come to his aid. It helped him complete an application for an apartment at Belmont Crossing, a complex in Southeast DC that, according to reviews on apartments.com, sounds like it should be next in line for one of those slumlord lawsuits by DC Attorney General Karl Racine.

After Belmont Crossing’s management accepted the veteran, Housing Counseling Services realized that he was eligible for a rapid-rehousing voucher from the federal government. Belmont Crossing told the group that it did not accept such subsidies for either security deposits or rent payments. The staff at the nonprofit didn’t take no for an answer; they pressed the issue until the Belmont Crossing employee relented and agreed the veteran should reapply.

“The client couldn’t. He had died while trying to seek housing,” according to the Equal Rights Center (ERC) lawsuit filed in May 2017 on behalf of the veteran. The ERC worked with the Morrison & Foerster firm and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs, filing the suit against Belmont Crossing LLC and Oakmont Management Group LLC. The lawsuit accused the two companies of source-of-income discrimination — a violation of the city’s Human Rights Act.

Housing vouchers have been a critical vehicle to combat homelessness in America and to battle the affordable housing crisis in the District. With the arrival of President Donald Trump and cuts to the federal budget, it has become increasingly difficult to secure federal vouchers. The District government has tried to fill the gap, but fewer and fewer housing providers have been willing to accept them.

In October, DC Superior Court Judge John Campbell affirmed the fact that source-of-income discrimination violates District law and granted the ERC’s motion for summary judgment against Belmont Crossing and Oakmont Management. (Don’t ask me why it took so long for the court to reach that obvious conclusion.)

Kate Scott, ERC’s deputy director, told me the ruling is important because her group has heard from “lots of community organizations” that such discrimination appears rampant.

She said not much has happened “procedurally” since October. The ERC has asked for a jury trial. It also has asked to be awarded reasonable attorney fees and costs, along with monetary and punitive damages in amounts to be determined at the trial.

I am sanguine about the potential impact of Judge Campbell’s ruling. I expect other housing providers operating in the District to continue to violate the human rights laws as flagrantly as Belmont Crossing and Oakmont have done. The DC Council should consider legislation that would levy hefty cash fines against violators and strip repeat offenders of their licenses to do business in the city.

It’s a good sign that AG Racine has also jumped into the source-of-income discrimination fight. This week, his office filed its own lawsuit — this one against Evolve LLC and Evolve Property Management LLC. These are local real estate companies headquartered in the H Street NE corridor that rent out apartments in various DC neighborhoods, including Capitol Hill.

“Evolve advertises online and with Craigslist. It requires prospective tenants interested in scheduling a showing to disclose online whether they plan to pay the rent with housing vouchers,” according to a statement from the Office of the Attorney General (OAG).

Relying on DC’s Consumer Protection Procedures Act, which “prohibits a wide variety of deceptive and unlawful businesses practices, and protects consumers, including renters,” Racine has alleged that the companies harmed residents when they refused “to show or rent available properties to prospective tenants who receive housing assistance from the federal government.” Racine’s lawsuit seeks an injunction against the companies, as well as “restitution and penalties for violating District law.”

A complaint against Evolve filed by the National Fair Housing Alliance with the District’s Office of Human Rights instigated the OAG’s interest and led the office to conduct its own investigation.

Mayor Muriel Bowser is supposed to have an affordable housing preservation czar, and there is also an Office of the Tenant Advocate. Shouldn’t they be involved more proactively to halt this illegal practice by corrupt landlords?

jonetta rose barras is a DC-based freelance writer and host of The Barras Report television show. She can be reached at thebarrasreport@gmail.com.