On July 27, Wardenski P.C. filed a federal civil rights lawsuit on behalf of a Charlottesville, Virginia couple against their former landlords for refusing to renew their lease after learning that they were expecting their first child. The lawsuit alleges that the landlords, Liana Arias De Velasco Guallart and Christopher Tschappatt, violated federal and state prohibitions on housing discrimination against families with children, forcing them to move out with a weeks-old newborn during the height of the COVID-19 pandemic.

Plaintiffs, Claire Payton and Jonathan Katz, rented an apartment in downtown Charlottesville from Guallart and Tschappatt from 2018 to 2020. In April 2020, when Payton was seven months pregnant, Arias asked whether the couple intended to renew their lease, which was set to expire at the end of July. In text messages to Katz, Arias wrote, “As long as nothing changes on your end, we are happy to renew with you guys,” but then added, “We don’t take . . . families with children.” Katz, surprised by this comment, told Arias that he and Payton were expecting a baby. Arias responded that this was a “problem” because “you can’t keep a newborn quiet” and suggested the apartment was no longer a “good venue” for them. When Katz informed Arias that her comments violated federal and state fair housing laws, she denied that her statements were unlawful. The next day, Arias emailed Katz to inform him that she and Tschappatt would not renew their lease.

The complaint alleges that Defendants rebuffed Payton and Katz’s further efforts to renew or extend their lease, dismissing their concerns about being forced to find a new home and move at a time when COVID-19 cases were spiking and Virginia was under emergency stay-at-home orders. They asked Defendants whether they would at least consider a month-to-month lease to allow them time to move under safer conditions. Arias responded by accusing Payton and Katz of “bullying” her and reiterated her refusal to extend their tenancy. Because of Defendants’ actions, Payton and Katz were forced to rent a new apartment, sight unseen, and move with their newborn daughter just weeks after her birth in late June 2020.

The complaint alleges that Arias and Tschappatt discriminated against Payton and Katz on the basis of familial status in violation of the federal Fair Housing Act and Virginia Fair Housing Law. Both laws prohibit discrimination against tenants with children or those who are expecting a child. The lawsuit alleges that Arias and Tschappatt violated these prohibitions by making discriminatory statements reflecting an unlawful preference against renting to families with children; denying Payton, Katz, and their child housing, and refusing to negotiate a renewal or extension of their lease, because they were expecting a baby; and retaliating against them for asserting their rights under federal and state fair housing laws.

The lawsuit, Payton v. Arias de Velasco Guallart, No. 3:22-cv-00042-NKM (W.D. Va.), was filed in the Charlottesville Division of the U.S. District Court for the Western District of Virginia.

Joseph Wardenski of Wardenski P.C. represents Payton and Katz. Katie Dougherty of McGuireWoods LLP in Norfolk is co-counsel. Wardenski P.C.’s summer law clerk, Michael Hannaman, assisted in preparing the complaint.

Documents

Complaint (7.27.2022)