Lucinda LC and Wheatley v. Jay Jones et al.

Docket number: 1:25-cv-252 (E.D. Va.)

The Hamilton Lincoln Law Institute filed suit on behalf of a 9-unit apartment management company and its owner June Wheatley challenging Virginia’s Fair Housing Law, which unlawfully forces landlords to submit to warrantless inspections of their property, records, and electronic devices.

Under federal law, participation in the Section 8 housing voucher program is voluntary. But Virginia’s Fair Housing Law prohibits landlords from declining tenants based on “source of funds,” and through this conceit effectively forces landlords to accept Section 8 vouchers and comply with the program’s inspection and data-access requirements.

The lawsuit is brought by Lucinda LC, which owns a nine-unit apartment building in Arlington, Virginia, and its property manager, June Wheatley. The plaintiffs seek to represent a class of similarly situated landlords, property managers, and Virginia real estate professionals subject to Virginia’s Fair Housing Law. Wheatley came under enforcement after receiving a phone call from a housing “tester” who misrepresented himself as a prospective renter and asked whether Wheatley and Lucinda LC accepted Section 8 vouchers. After Wheatley responded that the unit did not participate in Section 8, the organization filed a discrimination complaint with Virginia authorities, despite having no intention of renting the apartment. No tenant was denied housing.

The lawsuit asks the court to block enforcement of the law on and reaffirm that states may not condition the right to rent property on surrendering constitutional protections.

Case Documents