Federal Law Doesn't Preempt District of Columbia Statute Banning Discrimination on Basis of Income

摘要

Federal law does not preempt the District of Columbia Human Rights Act (DCHRA), which prohibits discrimination against prospective tenants on the basis of source of income, ruled the U.S. District Court for the District of Columbia. (Bourbeau v. The Jonathan Woodner Co., Civil Action No. 07-0164 (PLF), 2008 WL 1757752 (D.D.C.), April 17, 2008) Sarah Bourbeau, a Washington resident who receives rental assistance through the Section 8 housing choice voucher program (HCVP), and the Equal Rights Center (ERC), a fair housing advocacy organization, brought an action against the Jonathan Woodner Company, the owner and manager of an apartment building, alleging that Woodner violated the DCHRA by refusing to rent to individuals planning to make rental payments using vouchers. Woodner turned down Bourbeau and testers ERC sent to Woodner. In addition to standing arguments, Woodner argued that to the extent the DCHRA compels landlords to participate in the HCVE it is preempted by federal law. It also argued that voucher payments were not protected sources of income under the DCHRA when Woodner allegedly discriminated against ERC's testers and Bourbeau.