Two recent victories by the Washington Lawyers’ Committee have increased housing opportunities for thousands of potential tenants. Both outcomes help move the needle towards fulfilling the Fair Housing Act’s promise – the right to be free of discrimination when accessing and residing in housing. The Committee is proud to partner with the Equal Rights Center which has pioneered the use of testing in order to identify wide-spread local and national housing practices that discriminate against low-income residents and individuals with criminal histories, all of whom are people of color. This partnership, along with the private bar, has been instrumental to the success of these important cases.

• Fairer Approach to Criminal Records Screening in Rental Housing: The collateral consequences of a person’s involvement in the criminal legal system, including negative impacts on the ability to find a home or a job, are some of the most significant racial justice issues of our time. The Committee and Relman, Dane & Colfax, PLLC represented the Equal Rights Center in claims against Mid-America Apartment Communities, Inc. and Mid-America Apartments, L.P. (MAA) that its exclusion of housing applicants with certain criminal records, including any felony conviction, discriminated against such individuals on the basis of race and national origin. African American and Latino housing applicants to MAA properties were between two and twelve times as likely to be prevented from applying for an apartment as white applicants due to MAA’s previous policy. The resolution was a court-ordered enforceable agreement that requires MAA to immediately adopt a criminal background screening policy that individually assesses applicants with criminal convictions. These assessments will consider factors such as: (1) the facts or circumstances surrounding the criminal conduct; (2) the age of the individual at the time of the occurrence of the offense and the time that has elapsed since the occurrence of the conduct; and (3) evidence of rehabilitation efforts, among other factors. By reaching agreements like this through litigation, we are working to realize the Fair Housing Act’s true promise.
• Protections against Discrimination of Tenants Using Temporary Subsidies: Temporary housing assistance programs, or “rapid re-housing” subsidies, provide time-limited financial assistance to individuals and families that are experiencing homelessness. These subsidies are one critical facet of a larger strategy to address D.C.’s homelessness crisis. To ensure greater protection for individuals and families who rely on these subsidies, the Equal Rights Center challenged Belmont Crossing Apartments and Oakmont Management’s policy of refusing to rent available units to holders of short-term subsidies. Recently, the court granted the ERC’s motion for summary judgement, concluding that the District of Columbia Human Rights Act prohibits housing discrimination against tenants who use temporary subsidies to offset their rent and security deposit payments and that Defendants were liable for their discriminatory policy of refusing to rent to temporary subsidy holders. This ruling is an important step towards reducing homelessness and ensuring individuals and families are not barred from housing opportunities by discrimination on the basis of source of income. The Committee and Morrison and Foerster LLP represent the ERC in this matter.