I write to express opposition to the guidance document as it is drafted. As a housing provider, I believe it avoids the real issue at-play in this type of legislation, and inadvertently advocates an approach that is itself discriminatory and inconsistent with the concept of equal protection.

While Virginia’s Source of Funds legislation, and indeed all “source of income” laws are generally written with Housing Choice Voucher (HCV) holders in mind, the definition as enacted in Virginia Code does not address HCV holders as the protected class. Instead, the definition comprises all sources that lawfully provide funds to or on behalf of a renter. Much like the protected class of race covers all races, source of funds covers all sources of funds, not just Housing Choice Vouchers. Be it a source like unemployment, gift letters, Housing Choice Vouchers or employer paychecks, all sources are protected from discrimination under Virginia’s Source of Funds definition. This creates a situation whereby to avoid “discriminatory housing practices,” a housing provider must actually hold applicants to differing standards when evaluating their eligibility, which is itself a discriminatory practice.