Alexandria, VA —The Hamilton Lincoln Law Institute (HLLI) today filed a motion for preliminary injunction in the United States District Court for the Eastern District of Virginia seeking to block enforcement of Virginia’s “source of funds” housing mandate, arguing that it violates the Fourth Amendment by coercing landlords into consenting to warrantless government inspections.
Under Virginia’s Fair Housing Law, landlords may not decline tenants based on “source of funds,” which includes federal Section 8 housing vouchers. But participation in Section 8 requires landlords to sign a contract that grants government officials access to rental units, business records, computers, and electronic systems — without a warrant.
Virginia’s law turns what Congress intended as a voluntary federal program into a mandate, compelling landlords to accept terms that authorize sweeping inspections from the government.
“The Hamilton Lincoln Law Institute is proud to protect Virginia landlords against unlawful search and seizure,” said Adam Schulman, HLLI senior attorney. “Section 8 is voluntary under federal law. Virginia cannot compel participation by threatening landlords with penalties — especially when participation subjects them to invasive warrantless searches.”
If granted, the injunction would prevent state officials from forcing landlords to submit to warrantless inspection regimes as a condition of renting their property.
The name of the case is Lucinda LC and June Wheatley v. Jay Jones et al., No. 1:26-cv-252 (E.D. Va.). For more information about this case, please see our case webpage or contact the attorney below:
Adam Schulman, Senior Attorney
(610) 457-0856, adam.schulman@hlli.org.
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Every day, there are attempts to encroach upon Americans’ constitutionally protected rights. Our legal work is dedicated to countering these efforts.
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