Attorney General Schwalb Secures $100,000 from Property Management Company That Discriminated Against DC Renters

AIR Illegally Refused to Rent to Certain Tenants Based on Age, Criminal Record


Attorney General Brian L. Schwalb announced that property management company Apartment Income REIT LLC (AIR) will change its practices and pay $100,000 in civil penalties to resolve allegations that it refused to rent to people under 24 years old, or to anyone with a felony conviction, in violation of District laws.

AIR, along with multiple related corporate entities, owns and manages one apartment complex in Ward 2 and two apartment complexes in Ward 3. AIR cooperated with the Office of the Attorney General’s (OAG) investigation and halted its illegal age discrimination and other violations before the investigation’s conclusion. Now, under the terms of a settlement agreement, the company is bound to refrain from discriminatory practices, will train all DC staff on tenant screening and DC protections against housing discrimination, submit to compliance monitoring by OAG, and pay civil penalties.

“Landlords have a right and responsibility to provide their tenants with safe, healthy living spaces—but DC law explicitly prohibits discrimination based on age and certain types of criminal history,” said Attorney General Schwalb. “This settlement is the direct result of a tip from a member of the public to our office—and we strongly encourage DC residents to contact us if they have experienced or witnessed illegal housing discrimination.” 

AIR is a national property management company that owns and/or manages three apartment complexes in the District: the Upton Place Apartments and Vaughn Place Apartments in Ward 3, and the Latrobe Apartment Homes in Ward 2. OAG opened an investigation into AIR’s rental practices after receiving a tip from a member of the public that the Upton Place Apartments website stated that “at least one lease holder must be 24 years of age or older at the time of move-in and reside full-time in the apartment,” and that the Upton Place Apartments does not rent to applicants with a felony conviction.

OAG’s investigation found evidence that AIR had a policy of age discrimination at all three of its DC properties, in violation of the District’s Human Rights Act (DCHRA). The DCHRA broadly outlaws discrimination based on traits including race, age, religion, national origin, sexual orientation, gender identity or expression, and disability. OAG also found evidence that AIR violated the Fair Criminal Records Screening for Housing Act (FCRSHA), which limits when and how landlords can ask about prior criminal convictions. The FCRSHA prohibits DC landlords from, among other things, establishing a blanket policy of refusing to rent to all applicants with a felony conviction, and enumerates a list of factors that must be considered when evaluating a prospective tenant’s application.

Under the terms of a settlement agreement, AIR will:

  • Reform its practices and submit to compliance monitoring by OAG. AIR ended its policy of discriminating based on age and its policy of categorically rejecting applicants with prior felony convictions during OAG’s investigation. Now, the company must submit to compliance monitoring by OAG for the next two years.
     
  • Train all DC staff on DC laws protecting tenants from discrimination. For as long as AIR continues to manage properties in DC, the company must conduct yearly trainings for all DC staff on the DCHRA and DC’s tenant and criminal record screening laws.
     
  • Retain written application records and report complaints to OAG. For the next two years AIR must retain all written records pertaining to rental applications at its District properties and report to OAG any complaints alleging violations of DC’s human rights or tenant screening laws.
     
  • Pay $100,000 in civil penalties.

A copy of the settlement is available here. 

This investigation was handled by Senior Assistant Attorney General James Anthony Towns and Civil Rights & Elder Justice Section Chief Alicia M. Lendon.
 

Report Discrimination 
District residents who believe that they have experienced or witnessed housing discrimination, or any other form of discrimination, may report it to OAG’s Civil Rights & Elder Justice Section by:

  • Calling (202) 727-3400 
  • E-mailing OAGCivilRights@dc.gov 
  • Mailing OAG, ATTN: Civil Rights & Elder Justice Section at 400 6th Street, NW, Washington, DC 20001 

OAG’s civil rights work complements the work of the District’s Office of Human Rights (OHR), which is the primary District agency that investigates individual discrimination complaints. You can file a complaint with OHR at ohr.dc.gov/service/file-discrimination-complaint or call 202-727-4559.