FOR IMMEDIATE RELEASE:
September 17, 2024
CONTACTS:
Tina Pinedo, DREDF Communications Director, media@dredf.org
BERKELEY, CA – On September 11, 2024, DREDF filed a housing discrimination lawsuit in the Los Angeles Superior Court on behalf of prospective tenant LaShelle Davis and the Fair Housing Foundation (“FHF”). The complaint alleges that housing providers Anthony Mancuso and R.W. Selby & Co., Inc., discriminated against Ms. Davis, a Section 8 voucher holder, in violation of California fair housing law by utilizing discriminatory income standards.
Since January 1, 2020, California’s Fair Employment and Housing Act (“FEHA”) has prohibited housing providers from discriminating against prospective tenants based on their use of Section 8 vouchers. Discrimination under FEHA includes the use of income eligibility requirements that are based on total rent, rather than the portion of the rent to be paid directly by the tenant.
Ms. Davis alleges in her complaint that Mancuso and R.W. Selby violated her rights when they used an income requirement of 2.5 times the total rent to deny her rental housing. Ms. Davis advised the housing providers that what they were doing was against the law, but they did not change their position.
“Many landlords and rental companies discriminate against Section 8 and/or other third-party income programs,” said Ms. Davis. “Even if a prospective tenant meets the rental requirements, the owners will create unlawful rules that disqualify us. I am a single mother of two small children and the management company required me to make $6,007 monthly (2.5 times the FULL rent). Legally, landlords should only hold me accountable for making 2.5 times my PORTION of the rent. Even when I explained the law, the management company told me ‘Yeah, that’s just our company’s policy.’”
Fair Housing Foundation (FHF), a non-profit, educational agency dedicated to promoting the enforcement of fair housing laws and encouraging an atmosphere of open housing through education, counseling services and outreach programs—is named as an organizational plaintiff in the case. FHF investigated and confirmed the discriminatory practices reported by Ms. Davis and took a number of affirmative steps to address the impact of that discrimination, causing it to divert its scarce resources and frustrating its mission to actively support and promote fair housing and housing choice.
“We continue to see the issue of landlords imposing income restrictions on Section 8 recipients,” said Sindy Guzman, a Fair Housing Specialist at FHF. “These restrictions represent a significant barrier to fair housing access. This case highlights the importance of protecting the rights of Section 8 recipients and ensuring they are not unjustly excluded from the housing market based on their income source.”
“Discrimination against Section 8 voucher holders is widespread and not always obvious,” commented Michelle Uzeta, Deputy Legal Director at DREDF. “Rather than say ‘NO SECTION 8’ they use unlawful income standards or make subtle statements to discourage applicants. These practices need to be challenged.”
The case is Davis et al. v. Mancuso at al., No. 24LBCV01954. It seeks policy changes, staff training and damages.
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Disability Rights Education and Defense Fund, founded in 1979, is a leading national civil rights law and policy center directed by individuals with disabilities and parents who have children with disabilities. DREDF’s mission is to advance the civil and human rights of people with disabilities through legal advocacy, training, education and public policy and legislative development. For more information, visit dredf.org.