A legal battle is unfolding over Washington state’s Covenant Homeownership Program, a controversial housing assistance initiative that offers zero-interest, forgivable down payment loans—but only to residents who belong to select racial groups.
Andrew R. Quinio, an attorney with the Pacific Legal Foundation (PLF), joined The Ari Hoffman Show on Talk Radio 570 KVI to discuss the group’s legal challenge against the program, which critics say is racially discriminatory and unconstitutional.
Alleged Racial Discrimination
The Covenant Homeownership Program provides down payment assistance to first-time homebuyers who meet income and residency requirements. But there’s a catch: eligibility is also based on race.
According to Quinio, “Our clients at the Foundation Against Intolerance and Racism (FAIR) meet all the income and residency standards, but they’re excluded simply because of their race. That is wrong—and unconstitutional.”
The program, enacted by the state legislature in 2023, was marketed as a remedy for historical housing discrimination like redlining. However, Quinio pointed out a major flaw: “You don’t even have to prove your family was a victim of redlining. You just have to be the right race.”
Legal Standing and Court Ruling
PLF initially filed suit, arguing the program violates the Equal Protection Clause of the US Constitution by denying assistance to people based solely on their race. However, the case hit a procedural snag. A judge recently ruled that while PLF’s plaintiffs met most of the program’s eligibility requirements, they had not sufficiently demonstrated that they could obtain a first mortgage—a necessary step to qualify for the down payment aid. As a result, the court dismissed the case but left the door open for PLF to refile with additional evidence or plaintiffs.
Quinio explained: “We’re also looking for additional individuals who’ve been excluded from the program based on race.”
A Call for Plaintiffs
PLF is actively seeking more people who may have been impacted by the program’s race-based restrictions. “We know there are Jewish, Asian, white, and even Hispanic families being excluded who meet every other requirement,” Hoffman said during the interview.
“If this program is going to exist, it needs to be open to everyone, not just some based on skin color,” Quinio added. “The government cannot discriminate against you because of your race.”
What’s Next?
PLF’s goal is not necessarily to eliminate the program, but to ensure equal access.
“If the state wants to help first-time buyers, that’s fine,” Quinio said. “But it must do so in a way that doesn’t violate the Constitution. Everyone deserves a fair shot at the American dream.”
As legal proceedings continue, PLF plans to amend and refile its lawsuit. In the meantime, the group is gathering more testimonies from those who’ve been denied access to the program based on race.
Listeners who believe they’ve been unfairly excluded are encouraged to contact the Pacific Legal Foundation or reach out through Ari Hoffman.
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