Equal Rights Center Files Discrimination Suit Against NoMa Apartment Complex Over False Advertising Claims

Equal Rights Center Files Discrimination Suit Against AVA NoMa Apartment



In a significant legal move, the Equal Rights Center (ERC), supported by Legal Aid DC, filed a lawsuit this week against the developers and owners of the AVA NoMa apartment building located in Washington D.C. The lawsuit alleges that the complex has engaged in discriminatory practices since 2020, specifically targeting low-income tenants who utilize housing vouchers to afford their rent. The ERC aims to hold the landlords accountable for their actions, which they claim violate both consumer protection laws and anti-discrimination regulations.

Allegation Details


The lawsuit was filed in the DC Superior Court on June 3 against Archstone North Capitol Hill 2 LP and AvalonBay Communities, Inc., the companies behind the construction and management of AVA NoMa, a 438-unit apartment complex situated in the vibrant NoMa neighborhood. The complaint centers on claims that the owners have actively discouraged voucher holders from applying for apartments and denied these applicants lease approvals.

According to DC law, it is illegal to discriminate against prospective tenants based on their reliance on housing vouchers. The ERC's investigation began after clients with vouchers indicated to them that they faced obstacles when attempting to rent at AVA NoMa. Following this, the organization conducted an investigation, which uncovered concerning practices.

An ERC tester contacted the complex to inquire about renting with a housing voucher and reported that the leasing agent disclosed that several units were failing to pass inspections conducted by the DC Housing Authority (DCHA). Alarmingly, it was noted that certain units do not have windows in their bedrooms, breaching the DC housing code that mandates all bedrooms to feature at least one window or a frosted glass panel that permits natural light.

AVA NoMa has been promoting a variety of apartment types, including studio, one-, two-, and three-bedroom units, since its opening in 2018. However, the lawsuit claims that almost half of these listed 'bedrooms' are non-compliant with housing codes because they lack windows. Despite advertising 57 three-bedroom units, the complaint argues that none meet the official standards for a legal three-bedroom classification.

Health and Safety Implications


Kate Scott, the Executive Director of the ERC, expressed her concern regarding living conditions at AVA NoMa. She stated, "DC's housing code requires windows in bedrooms as a matter of basic health and safety. The complaint alleges that AVA NoMa skirted this basic requirement and played fast and loose with its tenants' well-being." This insight points to serious underlying issues regarding tenant welfare and legal compliance in housing standards, highlighting the dangers of potentially misleading advertisements.

The Housing Choice Voucher Program is essential for low- and moderate-income residents in D.C., allowing them to select rental properties where a portion of their rent is subsidized. Prospective tenants pay part of the rent based on their income, and the voucher covers the rest. Each year, the District sets ceiling rent amounts for voucher eligibility, based on apartment size, and the property must pass the DCHA inspection for voucher holders to gain approval.

Impact on Residents


Given that AVA NoMa misrepresents its unit classifications, tenants relying on housing vouchers may find themselves caught in a frustrating cycle of applications and rejections. For instance, a tenant might apply for an advertised three-bedroom unit priced at $4,850 per month, only to find that upon inspection, the unit is classified as a one-bedroom due to only one room containing a window. Consequently, DCHA may determine that the proportionate rent is unreasonably high, disqualifying the voucher holder from leasing the unit altogether.

A disheartening consequence of such misrepresentation is that tenants who rely on housing vouchers are disproportionately affected, rendering them unable to secure living arrangements within the building. Megan Browder, Legal Director for Systemic Advocacy and Law Reform at Legal Aid DC, emphasized the severity of the misinformation, stating, "Unfair advertising and discrimination are unacceptable, and we hope that by taking this action, we're creating more safe housing opportunities for all renters in the District."

Seeking Remedies


The lawsuit seeks the Court's acknowledgment that Archstone North Capitol Hill 2 LP and AvalonBay Communities, Inc. breached the DC Consumer Protection Procedures Act and calls for immediate corrective action in their advertising practices. By addressing these violations, the ERC hopes to foster an equitable housing environment in which all residents, particularly those using vouchers, can fairly access safe and adequate living spaces.

For more information about the ERC and its mission in combating housing discrimination, visit www.equalrightscenter.org or contact Kate Scott directly at the ERC.

Topics Policy & Public Interest)

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