| PRRAC Leads on Fourth Circuit Amicus Brief in Defense of Virginia’s Source of Income Discrimination Protections: On July 22, 2026, pro bono counsel from the law firm of Hogan Lovells Cadwalader filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit in support of the Commonwealth of Virginia on behalf of a coalition of organizations including, in addition to PRRAC, the AARP and AARP Foundation, Housing Opportunities Made Equal of Virginia, the National Fair Housing Alliance, the National Homelessness Law Center, and the National Housing Law Project in Lucinda LC v. Jones. Lucinda LC is a challenge to Virginia’s source of income discrimination protections on the putative grounds that prohibiting discrimination against households with Housing Choice Vouchers violates the Fourth Amendment’s prohibition on unreasonable and unwarranted searches and seizures in light of provisions of the Housing Assistance Payments (HAP) contract for the Housing Choice Voucher program regarding habitability and business records inspections. The U.S. District Court for the Eastern District of Virginia denied the plaintiffs’ motion for a preliminary injunction through an oral ruling from the bench, principally on abstention grounds, and an appeal of that denial is what is pending before the Fourth Circuit now. The amicus brief highlights the importance of the voucher program in addressing Virginia’s housing crisis, how source of income protections are needed for the program to deliver on its full potential, and flaws in the plaintiffs’ Fourth Amendment argument. Counsel from the law firm of Relman Colfax PLLC are representing the Commonwealth of Virginia. PRRAC is proud to stand with all of these great partners and allies in defense of Virginia’s critically needed fair housing protections.
More Public Comment Opportunities Regarding Disparate Impact at HUD Upcoming: On July 9, 2026, the Office of Management and Budget (OMB) concluded its interagency review of what is described as a proposed rule from the U.S. Department of Housing and Urban Development (HUD) regarding the disparate impact standard under the Fair Housing Act. That clearance allowed HUD to send the proposed rule to the House Financial Services and Senate Banking, Housing, and Urban Affairs Committees for statutorily required review preceding publication in the Federal Register for public comment. The publication is likely to drive significant comment interest from the civil rights and housing justice communities. PRRAC will provide analysis of the proposed rule once it has been published, but our position has remained consistent: there is no need for any change to HUD’s existing disparate impact rules. As noted in the last Update, this rulemaking somewhat confusingly follows upon a notice and comment period for a proposed rule on nominally the same subject earlier this year. Other news and resourcesPRRAC Joins LDF-Led Letter Opposing OMB Rule Regarding Grant Conditions: On July 13, 2026, PRRAC joined a comment letter led by the the NAACP Legal Defense and Educational Fund, Inc. (LDF) and LatinoJustice PRLDEF opposing a proposed OMB rule (along with parallel proposed rules from other agencies) that would establish a set of onerous, vague, illegal, and spite-driven conditions on a wide range of federal grants. Sigh…New Fourth Amendment Challenge to Source of Income Protections Filed in California: On July 17, 2026, the Pacific Legal Foundation filed a Fourth Amendment challenge in the U.S. District Court for the Eastern District of California to California’s source of income discrimination protections for Housing Choice Voucher holders. If you read the Update regularly, you know this is part of a broader trend. We will be tracking this one. Reflecting on Drafting Justice: A Summer Celebration of Movement Wins: On July 16, 2026, PRRAC supporters, staff, and Board members gathered for the inaugural edition of Drafting Justice. It was a fantastic time, and it was great to reconnect with so many longtime partners and make new friends. It was also a privilege to be able to honor our former Board member and current LDF Director of Policy Demetria McCain. We hope to see you next year! A Break from the Parade of Horribles – Roads to Somewhere Other Than Housing: The 21st Century ROAD to Housing Act became law without the signature of President Trump on July 11, 2026. Instead of boring readers with the reminder that the most important step the federal government could take to increase housing affordability would be to significantly increase investment in housing subsidy programs, this is an apt time to reflect on roads from popular culture that may lead somewhere (or nowhere) other than housing.
|
