A Philadelphia brokerage is off the hook for a housing discrimination accusation, for now.
Common Pleas Court Judge Joshua Roberts dismissed a housing voucher lawsuit accusing OCF Realty and seven landlords of refusing to rent to Section 8 voucher holders, the Philadelphia Inquirer reported.
The suit, filed in February by the Housing Equality Center of Pennsylvania and a local renter, accused OCF of routinely turning away applicants relying on Housing Choice Vouchers, violating the city’s source-of-income protection law.
But the city ordinance does not create a private right to sue in state court, Roberts said in his ruling — a finding that, while procedurally narrow, could have broader implications.
The plaintiffs, represented by the Public Interest Law Center, told the outlet they plan to appeal.
The suit was based in part on undercover calls to OCF listings, in which leasing agents allegedly stated vouchers weren’t accepted multiple times. Among the claims in the case was that the alleged discrimination caused lead plaintiff Jennifer Cooper to become homeless after she failed to find a landlord willing to accept her voucher.
Participating in the voucher program places “enormous burdens” on landlords, OCF owner Ori Feibush said, instigating long wait times for inspections and approvals.
“We aren’t discriminating against anyone,” Feibush said. “We’re just not participating in this voluntary program.”
The judge left the door open for the plaintiffs to seek relief through city administrative channels, rather than the courts.
The city of Philadelphia intervened in the case to defend the validity of its source-of-income ordinance, warning that a ruling against the plaintiffs could set a precedent that undermines the enforcement of other tenant protection laws. City attorneys argued that without a private right to sue, key anti-discrimination measures would be toothless.
The ruling temporarily blunts a local effort to expand legal accountability under source-of-income rules.
It leaves unclear whether voucher discrimination cases can ever be brought in state court under the current ordinance. City Council has expressed interest in bolstering protections for voucher holders, and housing advocates say the decision impinges on needed legislation that explicitly enables private lawsuits.
– Judah Duke
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