FOR IMMEDIATE RELEASE
ERC Alleges Discriminatory Housing Practices by D.C. Housing Provider, Files Legal Action to Ensure Equal Access
Washington, D.C. – April 23, 2025 – The Equal Rights Center (ERC), represented by Relman Colfax and the Washington Lawyers’ Committee, has filed a lawsuit in the Superior Court for the District of Columbia against UDR, Inc., UM 500 Penn Street NE LLC and UDR 500 Penn LLC alleging discrimination based on applicants’ source of income – i.e., the use of a government-issued housing voucher – and criminal history. This action challenges tenant screening policies it alleges are unlawful at The MO apartment complex, a property in the Union Market neighborhood of Washington, D.C., that also apply to other UDR properties in the city. In the complaint, ERC alleges the policies violate the District’s anti-discrimination and consumer protection laws.
ERC alleges that the Defendants have enacted an overly broad ban on prospective tenants with criminal convictions, as well as discriminatory policies that exclude prospective tenants who use housing vouchers by imposing unlawful barriers to their tenancy, in direct violation of the D.C. Human Rights Act (DCHRA), the D.C. Fair Criminal Record Screening for Housing Act of 2016 (DCFCRSHA), and the D.C. Consumer Protection Procedures Act (DCCPPA).
“Everyone needs a safe place to call home and the District has detailed protections in place to ensure that residents don’t encounter unfair screening policies when they apply for a place to live here,” commented Kate Scott, ERC Executive Director. “We are committed to ensuring those protections are meaningful.”
As an affordable housing crisis continues to upend low-income communities in D.C., discriminatory policies exacerbate barriers that historically marginalized groups face, particularly Black residents. In the District, nearly all voucher recipients are Black (95%), even though Black residents comprise less than half of the total population in the District (approximately 45%). And, the criminal legal system disproportionately affects communities of color through more stops by police, arrests, and convictions. Accepting vouchers without illegal barriers to tenancy and allowing access to housing for individuals with conviction records are especially important in rapidly gentrifying areas like the Union Market neighborhood, where The MO is located.
The ERC conducted an investigation using fair housing testers to ascertain whether Defendants were engaging in unlawful discrimination against individuals attempting to rent units at The MO. Through its investigation, the ERC found that Defendants and their agents have a policy or practice of making statements and/or imposing conditions that exclude voucher holders based on illegal criteria, as well as renters with criminal histories from access to rental units at The MO.
“Discrimination against voucher holders and individuals with conviction records deepens D.C.’s housing crisis,” said Zoila Hinson, Partner at Relman Colfax. “By denying access, housing providers not only violate fundamental civil rights but also perpetuate cycles of instability within our nation’s capital.”
“ERC’s lawsuit employs consumer protection law in a pioneering effort to secure safe and affordable housing for D.C. residents,” stated Mirela Missova, Supervising Counsel at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs. “Discriminatory policies significantly hinder the ability to safeguard low-income tenants.”
Through its complaint, ERC seeks declaratory and injunctive relief to ensure that The MO comes into compliance with District requirements for equitable tenant screening policies. This lawsuit represents a critical step toward making equitable housing opportunities a reality in the District.
The complaint is available here.
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ABOUT THE EQUAL RIGHTS CENTER: The ERC is a civil rights organization that identifies and seeks to eliminate unlawful and unfair discrimination in housing, employment and public accommodations in its home community of Greater Washington D.C. and nationwide. The ERC’s core strategy for identifying unlawful and unfair discrimination is civil rights testing. When the ERC identifies discrimination, it seeks to eliminate it through the use of testing data to educate the public and business community, support policy advocacy, conduct compliance testing and training, and, if necessary, take enforcement action. For more information, please visit www.equalrightscenter.org.
ABOUT RELMAN COLFAX PLLC: Relman Colfax PLLC (Relman Colfax) is one of the largest plaintiff-side fair housing law firms in the country. Based in Washington, D.C., Relman Colfax has won important legal decisions in civil rights cases, including Independent Living Center of Southern California v. City of Los Angeles (accessibility of municipal affordable housing program), National Fair Housing Alliance v. Spanos (ensuring accessibility in housing design and construction), United States ex rel. Anti-Discrimination Center v. Westchester County (housing desegregation), Kennedy v. City of Zanesville (access to public services), and Baltimore v. Wells Fargo and Memphis v. Wells Fargo (discriminatory lending). More information about the firm and its victories is available at www.relmanlaw.com.
ABOUT THE WASHINGTON LAWYERS’ COMMITTEE FOR CIVIL RIGHTS AND URBAN AFFAIRS: The Washington Lawyers’ Committee for Civil Rights and Urban Affairs partners with community members and organizations on scores of cases to combat discrimination in housing, employment, education, immigration, criminal justice reform, public accommodations, based on race, gender, disability, family size, history of criminal conviction, and more. The Washington Lawyers’ Committee has secured a relentless stream of civil rights victories over the past five decades in an effort to achieve justice for all. For more information, please visit www.washlaw.org.
