Full opinion text
MEMORANDUM OPINION GERALD BRUCE LEE, District Judge. THIS MATTER is before the Court on a six-day nonjury trial for the housing discrimination claims of Plaintiffs Ms. Linda and Mr. Domeriic Matarese against Defendants Smith Property Holdings Parc Vista LLC (“SP Holdings”), Archstone Communities, LLC, Mr. Malcolm McGregor, Mr. Mitchell Mann, and Mr. Amilcar Garcia. This case is a housing disability discrimination action arising under the Fair Housing Act (“FHA”), 42 U.S.C. §§ 3601 et seq. (2006), and the Virginia Fair Housing Law (‘VFHL”), Va.Code Ann. §§ 36-96.1 et seq. (2000). Plaintiffs Ms. Linda and Mr. Domenic Matarese claim that Defendants violated these federal and state fair housing laws by discriminating against them because of Ms. Matarese’s handicap. On July 31, 2009, Plaintiffs filed their original Complaint, which they amended on December 30, 2009 and again on March 3, 2010. In their Second Amended Complaint, Plaintiffs asserted the following claims of discrimination on the basis of handicap: refusal to rent in violation of FHA § 3604(f)(1) and VFHL § 36-96.3(A)(8) (Counts I & II); discrimination in the terms, conditions, and privileges of the rental of a dwelling in violation of FHA § 3604(f)(2) and VFHL § 36-96.3(A)(9) (Counts III & IV); refusal to make reasonable accommodations in rules, policies, practices, and services in violation of FHA § 3604(f)(3)(B) and VFHL § 36-96.3(B) (Counts V & VI); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); statements intended to coerce, intimidate, threaten, or interfere with Plaintiffs’ exercise of enjoyment of fair housing in violation of FHA § 3617 and VFHL § 36-96.5 (Counts IX & X); negligence as to the Archstone Defendants and Defendants McGregor, Mann, and Nur (Count XI); and retaliation in violation of FHA § 3617, VFHL § 36-96.5, and regulation 135-50-220 of the Virginia Fair Housing Regulations (Count XII). At the summary judgment stage, only Counts I-VIII, XI, and XII remained. Pursuant to the Court’s November 23, 2011 Order and January 5, 2011 Memorandum Opinion, 761 F.Supp.2d 346 (E.D.Va. 2011), the Court granted in part and denied in part Defendants’ Motion for Summary Judgment. The following claims proceeded to trial: refusal to rent in violation of FHA § 3604(f)(1) and VFHL § 36-96.3(A)(8) (Counts I & II) (collectively, “refusal to rent claims”); discrimination in the terms, conditions, and privileges of the rental of a dwelling in violation of FHA § 3604(f)(2) and VFHL § 36-96.3(A)(9) (Counts III & IV); notice and statement of preference, limitation, or discrimination based on handicap in violation of FHA § 3604(c) and VFHL § 36-96.3(A)(3) (Counts VII & VIII); and retaliation in violation of FHA § 3617, VFHL § 36-96.5, and regulation 135-50-220 of the Virginia Fair Housing Regulations (Count XII). Based on these remaining claims, the following issues are before the Court. The first issue is whether Ms. Matarese qualifies as an individual with a handicap under the FHA. The Court holds that Plaintiffs have proven that Ms. Matarese qualifies as an individual with a handicap under the FHA because Defendants regarded her as having a condition that substantially limited her breathing and treated her as such. The second issue is whether Defendants discriminated against Plaintiffs on the basis of Ms. Matarese’s handicap in violation of FHA § 3604(f)(1) and VFHL section 36-96.3(A)(8) when they decided not to renew Plaintiffs’ lease and refused to allow Plaintiffs to rent an apartment at another Archstone location. The Court finds that Defendants discriminated against Plaintiffs on the basis of Ms. Matarese’s handicap by nonrenewing Plaintiffs’ lease, converting them to a month-to-month tenancy, and refusing to allow them to rent at a different Archstone location because the actions were taken with discriminatory intent. The third issue is whether Defendants discriminated in the terms, conditions, and privileges of the rental of a dwelling because of Ms. Matarese’s handicap in violation of FHA § 3604(f)(2) and VFHL section 36-96.3(A)(9). The Court holds that Defendants violated FHA § 3604(f)(2) and VFHL section 36-96.3(A)(9) by denying Plaintiffs’ the benefits, including rental discounts, afforded to long-term residents when they increased Plaintiffs’ rent by an exorbitant rate and by converting Plaintiffs to a month-to-month tenancy instead of renewing their 12-month lease. The fourth issue is whether Defendants McGregor and Mann made discriminatory statements with respect to the rental of a dwelling in violation of FHA § 3604(c) and VFHL section 36-96.3(A)(3) by making statements during the decision-making process that, under the ordinary listener standard, indicated a preference, limitation, or discrimination against Ms. Matarese on the basis of her handicap. The Court holds that, under the ordinary listener standard, Defendants McGregor and Mann made discriminatory statements against Ms. Matarese on the basis of her handicap when (1) Defendant McGregor told Ms. Matarese that they were not renewing Plaintiffs’ lease because they were tired of accommodating her chemical sensitivities, and (2) Defendant Mann told Ms. Matarese that they would not reconsider the nonrenewal or transfer Plaintiffs to a different Archstone location because there were other communities in the area that would better meet her needs. The fifth issue is whether Defendants retaliated against Plaintiffs for engaging in protected activity in violation of FHA § 3617, VFHL section 36-96.5, and regulation 135-50-220 of the Virginia Fair Housing Regulations for exercising protected activity. The Court finds that Defendants retaliated against Plaintiffs for engaging in protected activity when they decided not to renew Plaintiffs’ lease, refused to allow Plaintiffs to rent an apartment at another Archstone location, decided not to renew the lease of Ms. Matarese’s mother, and increased the rent of Plaintiffs’ and Ms. Bauman at exorbitant rates because Plaintiffs engaged in protected activity. The sixth issue is whether Plaintiffs are entitled to compensatory and punitive damages, attorney’s fees and costs, prejudgment interest, and injunctive relief because they have demonstrated that they were injured as a result of Defendants’ discrimination. The Court holds that Plaintiffs are entitled to (1) compensatory damages for the economic loss they suffered as a result of Defendants’ FHA and VFHL violations; (2) compensatory damages for emotional distress; (3) punitive damages as against Defendant McGregor; (4) attorneys’ fees and costs; (5) prejudgment interest; and (6) equitable relief to correct any lingering discrimination and prevent future occurrence. I. STANDARD OF REVIEW In a non-jury case, the court must make specific findings of fact and separately state its conclusions of law. Fed.R.Civ.P. 52(a)(1). The trial judge has a function of finding the facts, weighing the evidence, and choosing from among conflicting inferences and conclusions those which he considers most reasonable. Penn-Texas Corp. v. Morse, 242 F.2d 243, 247 (7th Cir.1957) (citation and internal quotation marks omitted). The trial judge has the inherent right to disregard testimony of any witness when satisfied that the witness is not telling the truth, or the testimony is inherently improbable due to inaccuracy, uncertainty, interest, or bias. Id. (citation and internal quotation marks omitted); see Columbus-Am. Discovery Grp. v. Atl. Mut. Ins. Co., 56 F.3d 556, 567 (4th Cir.1995) (internal quotation omitted) (stating that that factfinder is in a better position to make judgments about the reliability of some forms of evidence, including evaluation of the credibility of witnesses). It is the duty of the trial judge sitting without a jury to appraise the testimony and demeanor of witnesses. See Burgess v. Farrell Lines, Inc., 335 F.2d 885, 889 (4th Cir.1964). To satisfy the demands of Rule 52(a), a trial court must do more than announce statements of ultimate fact. United States ex rel. Belcon, Inc. v. Sherman Const. Co., 800 F.2d 1321, 1324 (4th Cir.1986) (citation omitted). The court must support its rulings by spelling out the subordinate facts on which it relies. Id. The language of Rule 52 has been construed not to require a court to make findings on all facts presented or to make detailed evidentiary findings; if the findings are sufficient to support the ultimate conclusion of the court they are sufficient. Nor is it necessary that the trial court make findings asserting the negative of each issue of fact raised. It is sufficient if the special affirmative facts found by the court, construed as a whole, negative each rejected contention. The ultimate test as to the adequacy of the findings will always be whether they are sufficiently comprehensive and pertinent to the issues to provide a basis for decision and whether they are supported by the evidence. Darter v. Greenville Cmty. Hotel Corp., 301 F.2d 70, 75 (4th Cir.1962). This rule does not require that the trial court set out findings on all the myriad factual questions that arise in a case. Golf City, Inc. v. Wilson Sporting Goods, Co., 555 F.2d 426, 433 (5th Cir.1977). As to whether findings of fact are sufficient depends upon the particular facts of each individual case, and no general rule can govern. Darter, 301 F.2d at 75. II. FINDINGS OF FACT The Court makes the following findings of fact based on the evidence and testimony admitted during trial. Plaintiffs Linda and Domenic Matarese, a married couple, have rented and lived at APC in Arlington, Virginia for over 18 years, with only a brief period of absence from April 1996 to September 1997. Plaintiffs have lived in unit 1405 at APC since 1997. Since 2001, Ms. Hilda Bauman, Ms. Matarese’s 95-year-old mother, has lived in unit 1411 at APC, which is directly across the hall from Plaintiffs’ apartment. Ms. Matarese, as Ms. Bauman’s only child, attends to Ms. Bauman’s emotional, financial, and minor physical needs. Ms. Matarese handles all matters with APC in connection with Ms. Bauman’s unit. For many years, and at all times relevant to this case, Ms. Matarese has informed Archstone managers of her sensitivities to paint fumes, tobacco smoke, and mold, and she complains of immediate and strong reactions when exposed to fresh paint and paint fumes, smoke, and mold, which, at times, can be physically debilitating. Ms. Matarese’s reactions when exposed to these chemicals include dizziness, coughing, and debilitating headaches, sore throats, and respiratory infections, which affect her ability to breathe. Due to the reactions she experiences, Ms. Matarese has become extremely afraid of exposure to chemicals. Ms. Matarese has not spent a night away from her home in approximately 15 years and only leaves the apartment when necessary, such as to visit doctors or to buy groceries. She has sanitized her apartment of potentially offensive chemicals and generally avoids entering other APC apartments other than that of her mother, Ms. Bauman. As explained below, Ms. Matarese informed APC personnel many times of her chemical sensitivities to paint, smoke, and mold, and, when she experienced exposure to such chemicals, she requested various accommodations to address her chemical sensitivities. Ms. Matarese’s Exposure to Paint and Requested Accommodations The Archstone Defendants testified that painting and renovations are routine at APC. In addition to projects that are undertaken on an as-needed basis, apartments are freshly painted before new tenants move in. Many of Plaintiffs’ allegations relate to a renovation project that took place from the end of 2006 through 2008. The renovation project entailed cleaning and painting the exterior surfaces of the windows, doors, and handrails of every unit at APC. Completion of the project required some painting from inside the units to paint the areas that could not be accessed from the outside. APC used paint containing volatile organic compounds (“VOC paint”), which can cause respiratory and other health problems in susceptible persons. In the last few months of 2006, APC was powerwashed, and the exterior painting began. Ms. Matarese became ill from the exterior painting, complaining of a respiratory infection that lasted for several months. In a letter dated May 10, 2007, APC informed tenants, including Plaintiffs and Ms. Bauman, that personnel needed to enter their units to paint those areas on the window frames that could not be reached from the outside. On May 14, 2007, Ms. Matarese had a meeting with Defendant McGregor to discuss the painting inside her apartment. She presented him with two letters: one from herself and one from Dr. Alpan, the allergist that she started seeing in December 2006. In her letter to Mr. McGregor, Ms. Matarese requested that APC refrain from painting inside her unit. She explained that, after the powerwashing of the building and painting of the exterior with metal paint, she became sick with a respiratory infection that was incurable for several months. She informed Mr. McGregor that she had seen several doctors and had taken several antibiotics in an attempt to cure her respiratory infection. Dr. Al-pan’s later, dated March 27, 2007, stated that he had been treating Ms. Matarese for multiple allergies, chemical sensitivities, and respiratory infections, and that Ms. Matarese also suffers from chronic fatigue syndrome and fibromyalgia. In his letter, Dr. Alpan requested that APC “avoid exposing Ms. Matarese to paint, chemicals, fumes, dust, mold, and any other substances that could further denigrate her immune system and will have a negative impact on her health and safety.” At the meeting, Mr. McGregor became visibly angry and denied Ms. Matarese’s request for accommodations. He told her that Archstone had a right to paint inside tenants’ units in whatever manner they chose. Ultimately, the apartments of Plaintiffs and Ms. Bauman were not painted as scheduled in May 2007. Months later, in a letter dated October 30, 2007, Defendants provided tenants with a new schedule for the painting in the interior of tenants’ apartments. Ms. Bauman’s windows were scheduled to be painted on November 12, 2007, and Plaintiffs’ windows were scheduled to be painted on November 14, 2007. On November 12, 2007, the windows of Ms. Bauman’s apartment were painted. Both Ms. Bauman and Ms. Matarese testified about the painting inside Ms. Bauman’s apartment. They recalled that it was raining on the day Archstone painted the windows inside Ms. Bauman’s apartment, and the smell of the paint was so strong that Ms. Bauman went to her daughter’s apartment. Ms. Bauman recalled that the paint fumes traveled through the apartment and hallway into Ms. Matarese’s apartment. Ms. Bauman testified that this was a problem due to her daughter’s sensitivities to paint smells. Despite Ms. Matarese’s requests, no attempt was made to contain the paint fumes or otherwise shield Ms. Matarese’s apartment from the paint fumes. The fumes were so great that Ms. Bauman had to stay in Plaintiffs’ apartment for one week. The morning after Ms. Bauman’s windows were painted, Ms. Matarese received a voicemail message from Defendant Mann, stating that they planned to paint the windows of Plaintiffs’ apartment on November 14, 2007. Ms. Matarese returned Mr. Mann’s call and asked whether he knew about her chemical sensitivities and health condition and whether he had reviewed the documentation she had previously submitted to Defendant McGregor. Defendant Mann told Ms. Matarese that he “understood what she was dealing with,” and, if they needed to arrange for her to be out of her apartment while the paint dried and fumes cleared, “that’s what they would have to do.” He stated, however, that they had to finish the job. Ms. Matarese stressed that her complaints were not made up, that she was “severely chronically ill,” and he needed to understand her condition. She explained that she had tried to get APC to paint during the summer when the windows could be left open to facilitate the drying of the paint and clearing of the fumes, but, in the wet, November weather, the paint fumes were not dissipating as quickly. She had hoped that she would be able to stay at her mother’s apartment, but there were still paint fumes from the painting that occurred the previous day, which would prevent her from staying there. Ms. Matarese faxed Mr. Mann the letter from Dr. Alpan that she had given to Mr. McGregor in May and told him she would follow up with him after he had a chance to review it. After Defendant Mann had a chance to review the letter, Ms. Matarese called Mr. Mann to follow up about the painting project. She asked him: “Are you satisfied after reading the letter that the painting could harm me?” Mr. Mann responded: “Yes. I am satisfied. I mean ... I have been. I’ve known that for quite some time.” He reiterated that they still needed to complete the painting, but he agreed that Ms. Matarese should not be in the apartment while they were doing the work. He told her that they would need to “accommodate” her and work together to get it done. Ms. Matarese requested that Defendants use non-VOC paint, but Defendant Mann refused, stating that he knew there were paints that would be less likely to cause a problem, but it was unlikely that it would cover the metal surfaces. Mr. Mann suggested that they wait until Ms. Bauman’s unit was dry, and then Ms. Matarese could stay there. Ms. Matarese told Mr. Mann that it would need to be completely dry because of her allergies to paint. Mr. Mann agreed that they would have to wait for Ms. Bauman’s apartment to dry before they started painting in Plaintiffs’ apartment, so Ms. Matarese could stay there. Then, they would wait for Plaintiffs’ apartment to dry completely before Ms. Matarese could return to her unit. He said there was no other way around it. Ms. Matarese again asked whether Mr. Mann understood her condition, and he confirmed that he did. They agreed that they would have another call after Mr. Mann checked the status of Ms. Bauman’s apartment. On November 16, 2007, Ms. Matarese called Mr. Mann and explained that the paint was still not dry in her mother’s apartment. Ms. Matarese told him that her mother had returned to her own unit, but that Ms. Matarese would not be able to stay there. She asked why APC could not take the windows out and paint them elsewhere, rather than painting them in her apartment. Mr. Mann told her that they needed to get into her unit to paint and offered to arrange for Ms. Matarese to stay at a hotel, but she determined that was not an option based on her chemical sensitivities. That day, Ms. Matarese obtained a letter from Dr. Williams and submitted it to APC personnel. In his letter, dated November 16, 2007, Dr. Williams wrote: I have treated Linda Matarese for multiple allergies, chemical sensitivities, and resulting bacterial rhinosinusitis for several years. Exposure of this patient to fumes and outgassing as a result of paint chemicals and other substances could predispose her to further difficulty to treat infections and have a negative impact on her health and safety. No action was taken with respect to Plaintiffs’ apartment in November 2007. On June 5, 2008, there was a major leak in Plaintiffs’ apartment. An 8-fooL-by-10-foot section of drywall near Plaintiffs’ bedroom needed to be replaced and painted. Ms. Matarese told Defendant Garcia that she became very ill and got a respiratory infection when exposed to VOC paint and requested that he use a non-VOC paint. Ms. Matarese provided Defendant Garcia with information about the non-VOC paint that had previously been used in her apartment. Defendant Garcia told Ms. Matarese that he did not know about non-VOC paint, and that her apartment would be painted with the same paint that was used on all of the other apartments. He then painted the wall with VOC paint. At around that same time in June 2008, a leak developed in Ms. Bauman’s apartment. The wall and ceiling were wet, and mold appeared to be growing in the area of the leak. Ms. Matarese reported the problem to the front desk, explaining that they observed black, gelatinous material growing on the wall. Service technician Mr. Reilly came to investigate and determined that there was in fact a leak, with water pouring onto the floor. They discovered that the entire wall in apartment 1611, the unit above Ms. Bauman’s apartment, was covered in mold. Mr. Reilly removed the sections of the wall from Ms. Bauman’s apartment that were wet and appeared to have mold growth. Subsequently, there were recurring problems with the leak and mold growth in Ms. Bauman’s apartment. APC personnel did not follow their mold remediation protocol and remediate Ms. Bauman’s unit, even though they found mold in the apartment above Ms. Bauman’s unit that caused the problem in Ms. Bauman’s unit. APC’s mold remediation protocol required APC personnel to monitor and investigate reports of mold, to correct and clean the moisture source, and to prevent the mold growth from returning. Mr. McGregor explained that the reason they did not follow APC mold remediation protocol was that trained personnel, including himself, determined that there was no mold growth in Ms. Bauman’s apartment, and the drywall was only darker because it was wet from the leak. Also in June 2008, Ms. Matarese experienced problems with exposure to smoke. APC is a smoking building. The tenants that moved in to the apartment next to Plaintiffs’ apartment smoked frequently. The hallway ventilation system was broken at the time, so the smoke permeated the hallway, and it started coming into Plaintiffs’ apartment. On June 13, 2008, Ms. Matarese spoke with Mr. McGregor about the problem and requested that he put weather stripping around the door to the neighbor’s apartment and a door sweep to cover the space between the door and the floor, so the smoke would not leak out into the hallway. Ms. Matarese explained that she was terribly ill with a respiratory infection and told Mr. McGregor that she was having breathing difficulty. To address this problem, approximately a month later, Mr. McGregor provided three small air purifiers. However, they were not adequate to ameliorate the problem. In addition, Mr. Garcia came in and sealed a crack that Ms. Matarese found near her patio. During that time, Ms. Matarese and Ms. Bauman had been experiencing severe sore throats and coughs and had repeatedly gone to see Dr. Williams to address the problems. On June 25, 2008, Ms. Matarese obtained a note from Dr. Williams stating that Plaintiffs’ apartment should be proven free of mold. After returning from the doctor, Ms. Matarese showed Defendant McGregor the note and told him that she was terribly ill from her cough, such that she could not breathe, and her apartment needed to be proven free of mold. He told her that Archstone had mold problems in the past, and there was nothing he could do. He did not check her apartment for mold or otherwise follow APC mold remediation protocol. Mr. McGregor testified that he did not interpret the note to require him to perform additional tests to make sure that the apartment was mold free. Rather, he believed that the fact that he did not identify mold in the apartment was sufficient compliance with the note. In the summer of 2008, APC painted in two units close to Plaintiffs’ apartment. Ms. Matarese requested accommodations in connection with these projects, but her requests were denied. Finally, also during that time, Ms. Bauman testified that a sewer smell emanated from the bathroom next to her bedroom in her apartment. Ms. Matarese and Ms. Bauman complained a number of times. Both Defendant Garcia and Defendant McGregor smelled the noxious odor and confirmed that a sewer smell came from Ms. Bauman’s bathroom. Defendant McGregor contacted a plumber about the issue. APC personnel made repeated attempts to determine the source and fix the problem to no avail. They suggested that Ms. Bauman run water in the bathtub to eliminate the smell, but the smell continued to gravitate into Ms. Bauman’s bedroom. Mr. Garcia told Ms. Bauman and Ms. Matarese that he would check the apartment below Ms. Bauman’s unit on August 6, 2008, when the apartment below Ms. Bauman’s was vacant, to see if the smell originated there. Ms. Matarese called the front desk repeatedly on August 6 and August 7, 2008 in search of Mr. Garcia, so she could inquire about the status of his investigation into the source of the sewer smell. On August 7, 2008, Ms. Matarese was finally told that Mr. Garcia was with the new tenants who had moved in to the apartment below Ms. Bauman’s. Ms. Matarese went to the apartment to find Mr. Garcia. Ms. Matarese knocked on the tenants’ door and asked to speak to Mr. Garcia, who she had been told was inside the apartment. Mr. Garcia directed Ms. Matarese to the hallway, where Ms. Matarese became very upset, stating that Mr. Garcia had not done as he had promised and that nobody was listening to her. As explained more fully below, the next day, Ms. Matarese was informed that APC was not going to renew Plaintiffs’ lease when it expired on October 31, 2008. However, Plaintiffs and Ms. Bauman continue to reside at APC. Plaintiffs continue to request accommodations in writing, often with certification from Dr. Williams, when events in the building might trigger Ms. Matarese’s chemical sensitivities. In large part, these requests have been denied or ignored. On or about March 20, 2009, Ms. Matarese provided Defendants with a Medical Verification Letter from Dr. Williams affirming that Ms. Matarese has a disability as defined under the Fair Housing Act and stating that it was necessary to avoid exposing Ms. Matarese to, inter alia, paint, paint fumes, paint chemicals, smoke, dust, and mold. In spite of this additional indication of Ms. Matarese’s medical condition, Defendants continued to deny Ms. Matarese’s requests for accommodations, such as providing notification when painting was going to be done and venting fumes, so they do not reach her apartment. In response to one of Ms. Matarese’s letters requesting an accommodation, Ms. Matarese received a letter dated October 16, 2009 from Defendants’ attorney, Mr. John Raftery. In the letter, Mr. Raftery wrote: “We recognize and acknowledge the disability that you previously identified. All reasonable requests for accommodation will be granted.” (Pis.’ Ex. 78.) Even after this acknowledgment of Ms. Matarese’s handicap and assurance from Defendants’ attorney, APC continued to deny Ms. Matarese’s requests for accommodations. Ms. Matarese’s Visits to Dr. Williams and Dr. Alpan • Ms. Matarese has been treated by two doctors for health issues related to her chemical sensitivities since the start of the renovation project at the end of 2006: Dr. Oral Alpan, a Board-certified and NIH-trained allergy specialist, and Dr. Jack Williams, a Board-certified ear, nose, and throat specialist. Both Dr. Alpan and Dr. Williams testified at trial about their visits with Ms. Matarese since December 2006. On December 20, 2006, Ms. Matarese first went to see Dr. Williams complaining that she had had nosebleeds, itchy ear, and a cough. Dr. Williams conducted a physical examination and determined everything was normal except for some scabs in Ms. Matarese’s ear and redness in her ear canals. He diagnosed her with rhinitis, which is inflammation of the nose, eczema for the skin condition on her ears, and bronchitis. Ms. Matarese did not have any breathing difficulty. Dr. Williams determined that a possible cause of the nosebleeds was the dry winter air. Dr. Williams did not otherwise investigate or determine a cause for Ms. Matarese’s conditions. Dr. Williams prescribed medication for the bronchitis and nose, and he told her to see a dermatologist about the ears. Shortly thereafter, on December 28, 2006, Ms. Matarese had her first visit with Dr. Alpan. Before seeing Dr. Alpan, Ms. Matarese submitted a patient triage, providing some information about her medical history and the reason for her visit. At the visit, Dr. Alpan performed various allergy tests, such as to mold, different animals, dust, and certain external and environmental elements, including, among others, grass, feathers, and trees. From these tests, he determined that Ms. Matarese was highly allergic to dust mites and house dust. Ms. Matarese took a spirometry examination to measure her ability to blow air out and take air in. The results indicated that she had a completely normal breathing pattern with no obstruction or restriction. Dr. Alpan did not treat Ms. Matarese for a respiratory infection or chemical sensitivities. He diagnosed her with allergic rhinitis and chronic sinusitis. Approximately three months later, on March 27, 2007, Dr. Alpan provided Ms. Matarese with the letter to APC described above, stating that he had been treating her for multiple allergies, chemical sensitivities, and respiratory infections, and that APC should avoid exposing her to various chemicals. Dr. Alpan admitted at trial that he had been referring to Ms. Matarese’s dust allergy. He explained that the reason he advised that she should not be exposed to the chemicals identified was that patients with allergies are usually sensitive to these chemical triggers. He confirmed that he was not treating her for chemical sensitivities. In March 2007, Dr. Williams received a handwritten note from Ms. Matarese, explaining that she had had a respiratory infection since February 2007. Dr. Williams had not seen Ms. Matarese since December 2006. He had no knowledge of this respiratory infection and had not treated her for such. From the end of March 2007 through September 2007, Ms. Matarese saw Dr. Williams at various times and Dr. Alpan once. She had problems with ear infections and inflammation of the ear, springtime allergies, eczema, and in April 2007, Dr. Alpan diagnosed her with rhinitis and chronic sinusitis. Otherwise, everything was normal, and the doctors did not identify or diagnose her with any breathing difficulty. On November 16, 2007, during the time she was in discussion with Mr. Mann about painting inside her unit, Ms. Matarese went to see Dr. Williams. She explained to him that APC intended to paint inside her apartment, and when she had been exposed to this type of paint before in 2006, she had developed a respiratory infection and had difficulty breathing. She obtained the letter from Dr. Williams that she submitted to APC advising them not to expose Ms. Matarese to various chemicals. At trial, Dr. Williams explained that the chemical sensitivities to which he referred in the letter were the various medications and the resulting bacterial rhinosinusitis. He stated that he had no information of anything specific, such as paint, that Ms. Matarese might have been exposed to that was having a negative impact on her health or safety. However, he explained that, due to her sensitivity to medication and other things in the past, the less she was exposed to the better. Ms. Matarese did not see either Dr. Williams or Dr. Alpan for the next five months. She saw Dr. Williams at the end of March 2008 and again in May 2008 for ear cleanings. At both of these visits, Dr. Williams determined that everything else was normal, and there were no signs of breathing difficulties. On May 30, 2008, Dr. Williams observed that she had some wax in her ear and crusting in her nose. He diagnosed her with ear wax, eczema, and rhinitis, but no breathing problems. Ms. Matarese saw Dr. Williams a bit more frequently in the middle of June 2008, which was shortly after the repairs in her apartment, her exposure to smoke from the neighbors, and the leak and resulting mold found in her mother’s apartment. On June 13, 2008, Ms. Matarese saw Dr. Williams because she was experiencing a sore throat, phlegm buildup in her throat, failure of certain medications, a cough, and a headache. She reported that she had been exposed to paint fumes and mold. Upon examination, Dr. Williams determined that everything was normal except she had a red throat. He diagnosed her with inflammation of the throat and eczema and gave her an antibiotic. The cause of her condition was not determined. Dr. Williams testified that the mucus was causing some breathing difficulty, but that the level of mucus was no different than that of, for example, someone with a sinus infection. Ms. Matarese returned to see Dr. Williams on June 18, 2008. She complained of her continued sore throat, and she felt like the problem had moved into her lungs. Ms. Matarese told Dr. Williams that she was constantly coughing and that it felt like thrush, which is an oral yeast infection. Dr. Williams conducted an examination and determined that everything was normal except for her throat. With respect to her throat, Dr. Williams testified that it was relatively normal, except for some “mild white” on the tongue. He diagnosed her with thrush and pharyngitis. Dr. Williams explained that the antibiotic that Ms. Matarese was taking could have caused the thrush because there were no bacteria to prevent the growth of yeast. He prescribed her with an oral topical antifungal. Dr. Williams did not investigate or determine the cause of Ms. Matarese’s condition. Ms. Matarese did not exhibit any breathing difficulty. Ms. Matarese returned on June 25, 2008 complaining of a sore throat, sore mouth, coughing, wheezing, and fatigue. Dr. Williams conducted a physical examination and determined that everything was normal, including her oral cavity and nasal mucosa. He diagnosed her with oral Candida or thrush and prescribed an antifungal. He did not investigate the cause of the thrush. In response to Ms. Matarese’s complaints of breathing difficulty, he ordered a chest x-ray to ensure that he was not mishandling pneumonia. The chest x-ray returned with results that were relatively normal. The radiologist indicated in the report that the lungs were mildly hyperinflated, which could have been due to a deep breath; however, underlying chronic pulmonary disease (“COPD”) could not be excluded. No follow up was performed in connection with this x-ray because there was nothing on the report that alarmed Dr. Williams. Dr. Williams advised Ms. Matarese to see internist Dr. Taubin, who was qualified to handle problems with lungs. Also during that visit, even though Dr. Williams did not believe that the reported mold exposure caused Ms. Matarese’s oral Candida, he provided a note written on his prescription pad paper, stating that Plaintiffs’ apartment should be proven free of mold. A month later, on July 25, 2008, Ms. Matarese returned to Dr. Williams for a follow-up visit. Diflucan had been effective for the cough. There was still the coating in her mouth. Other than some ear wax, which was removed, Dr. Williams determined that everything was normal. He noticed a decrease of the white coating in her oral cavity and continued the diagnosis of her oral Candida. There was no indication of any breathing difficulty. Ms. Matarese next saw Dr. Williams on September 26, 2008. A physical examination indicated that everything was normal except nasal mucosa. Dr. Williams took a culture from her right passage, and it came back with no growth. Dr. Williams did not order a fungal test. Ms. Matarese’s pharynx was normal, and there were no signs of breathing difficulty. Almost two months later, on November 21, 2008, Ms. Matarese had another visit with Dr. Williams for an ear cleaning. Ms. Matarese reported that her mucus was under control, and her throat felt better. An examination indicated that everything was normal. Dr. Williams diagnosed her with Candida, rhinitis, and chemical sensitivity, which Dr. Williams testified referred to multiple sensitivities to medication he had tried to give her, including the drug that was bothering her nose. Ms. Matarese did not report or exhibit signs of breathing difficulty. On December 19, 2008, Ms. Matarese went to see Dr. Williams to discuss legal issues and problems with certain medications. A physical examination revealed that everything was normal except her oral cavity. Dr. Williams indicated that there was improvement, and it was “looking good.” At the time, Ms. Matarese was complaining of a cough, but there were no breathing difficulties. That day, Dr. Williams wrote a letter to Dr. Joel Taubin, requesting that he evaluate Ms. Matarese’s cough, oral cavity, and general health, including the severe tiredness and tendency to contract infections. In the letter, Dr. Williams summarized his history with Ms. Matarese, including her complaints, his diagnoses, and her reports of exposure to certain chemicals. In the two-page letter, the only statement that Dr. Williams made about any breathing difficulty was in describing his June 25, 2008 visit with Ms. Matarese, at which Ms. Matarese complained that her cough was so bad she could not breathe. Dr. Williams explained that he sent her for an x-ray, prescribed some medication, and that Ms. Matarese’s cough had diminished within a few days. On December 24, 2008, Ms. Matarese returned to see Dr. Williams because her throat was bothering her. Dr. Williams examined her and determined that everything was normal. Her oral cavity did not exhibit any redness or thrush, but he diagnosed Candida. She did not have any-breathing difficulty. On December 29, 2008, Ms. Matarese returned to see Dr. Alpan. He identified that she had rhinitis, chronic sinusitis, and urticarial, which is a form of skin rash. On January 17, 2009, Ms. Matarese returned to see Dr. Williams, complaining that she had been sick over the holidays, she was having pain in her lungs, and she had increased mucus and a dry cough. Dr. Williams examined her and determined that everything was normal, and that she was not exhibiting signs of breathing problems. Dr. Williams noted that Ms. Matarese was seeing a pulmonologist. Finally, Dr. Williams saw Ms. Matarese once in February 2009 and once in March 2009. The reason for the February 2009 visit was to follow up with her nasal drip and to remove wax from her ears. She had a productive cough, but Dr. Williams did not identify any breathing difficulties. He diagnosed her with bronchitis. On March 20, 2009, Ms. Matarese saw Dr. Williams for the wax in her ears and to check her throat. She reported that she was doing well recently. At this March visit, she presented Dr. Williams with a medical verification form for his signature. He signed the form, affirming that Ms. Matarese has a handicap as defined under the FHA and instructing that exposure to various chemicals should be avoided. Dr. Williams did not complete the handwritten instructions, and he did not know who had completed it. Dr. Williams testified that he treated her for the secondary effects of exposure to these agents. Dr. Williams testified that he did not conclude that particular ailments had been caused by exposure to identified agents, and in fact he had never indicated that these agents had caused her problems. Allergist Dr. Howard Weiner testified on behalf of Defendants about his review of Ms. Matarese’s medical records, deposition testimony, and parts of her trial testimony. Based on his review of Plaintiffs medical records, he concluded that exposure to paint did not cause Ms. Matarese’s symptoms and complaints. Similarly, he concluded that exposure to mold did not cause Ms. Matarese’s symptoms because there was no evidence that mold was actually found in Ms. Bauman’s or Plaintiffs’ apartment, and Ms. Matarese did not test positive for an allergy to mold. Finally, Dr. Weiner discounted Ms. Matarese’s claim that she was exposed to secondhand tobacco smoke from her neighbor’s apartment or from tenants’ smoking on the balcony below Ms. Matarese’s apartment, stating that any such exposure or exposure in the hallway was de minimus. Dr. Weiner also made the following observations based on his review of Ms. Matarese’s medical records. First, he highlighted the fact that a review of Dr. Williams’ records indicated very few complaints about breathing or exposure to the chemicals to which Ms. Matarese claims to be sensitive. Further, Dr. Weiner’s review of Ms. Matarese’s medical records revealed no evidence of COPD associated with bronchitis, asthma, or emphysema, and Ms. Matarese’s test results were all within normal values and did not support a COPD diagnosis. Dr. Weiner opined that Ms. Matarese’s complaints were the product of somatic disorder, and that Ms. Matarese feels that she has the symptoms when there is no medical evidence to support them. Complaints About Ms. Matarese Defendants offered evidence that they received various employee and tenant complaints about Ms. Matarese. These complaints were not documented in her tenant file, nor were they the subject of any claim that Plaintiffs had defaulted on their lease. At no point in time was Ms. Matarese given the opportunity to respond to these alleged complaints. The testimony and documentary evidence revealed that APC received complaints that Ms. Matarese fed the birds on her balcony in violation of APC rules and regulations. APC notified Ms. Matarese that such conduct was prohibited. In December 2003, APC management received a resident, complaint regarding Ms. Matarese’s disruptive yelling and spitting in the APC swimming pool after declaring that she had bronchitis. In June 2005, APC received a resident complaint regarding Ms. Matarese’s harassment of lifeguards at the swimming pool; the resident complained that Ms. Matarese’s conduct disturbed her use of the pool for relaxation and exercise. In addition, Defendants received complaints from tenants that Ms. Matarese would verbally accost them about their smoking. For example, the residents in the apartment immediately below Plaintiffs’ unit complained that Ms. Matarese yelled at them when they were smoking on their balcony and made a comment to one of them in the elevator that he would die from smoking and lung cancer. This resident threatened to involve the police if her harassment did not stop, and he eventually moved from APC as a result of Ms. Matarese’s disruptive behavior. Further, they received complaints from independent contractors about Ms. Matarese’s behavior when the contractors were doing work at the building. Finally, the individual Defendants were often exposed to, or received reports of, emotional outbursts from Ms. Matarese, and, throughout the years, they observed objectionable behavior on the part of Ms. Matarese. For example, in June 2008, Ms. Matarese was accused of “catnapping” a neighbor’s cat, and she stated that she would not return the cat until the neighbor stopped smoking. Ms. Veronica Ahmad, a member of the APC staff, had to retrieve the cat from Ms. Matarese’s apartment. In addition, on August 7, 2008, Ms. Matarese caused a disruption when she went to another tenant’s apartment to find Mr. Garcia regarding the sewer smell in Ms. Bauman’s apartment, becoming very upset that Mr. Garcia had not followed up as promised and that nobody was listening to her. Finally, Ms. Deeqa Nur, who lived at APC, testified that Ms. Matarese often complained to her that Mr. McGregor was not responsive to her complaints and requests for accommodations. Ms. Nur found these frequent interactions with Ms. Matarese annoying because, even though she was an APC employee, she was in the building as a resident, and she was not responsible for addressing resident complaints. Rent Increases and Nonrenewal of Plaintiffs ’ Lease Plaintiffs’ leases for their unit at APC generally ran for the 12-month period from November 1 through October 31 of the next year. APC usually provided information regarding lease renewals- during the month of August prior to the expiration of that year’s lease. For their lease that ran from November 1, 2005 through October 31, 2006, Plaintiffs paid rent in the amount of $1,814.00 per month. Prior to the expiration of their 2005-2006 lease, Plaintiffs were offered a 12-month lease renewal at the rate of $2,175.00 per month. The market rate at that time for their apartment was $2,238.00, but APC applied a standard reduction for all existing tenants renewing their leases, reducing the offer rate to $2,175.00. By negotiating with the Community Manager, Plaintiffs obtained an even greater reduction, setting a rental rate of $1,975.00 for the lease that ran from November 1, 2006 through October 31, 2007. In August 2007, shortly before the expiration of their 2006-2007 lease, there was no action regarding the renewal of Plaintiffs’ lease for the next year. Ms. Matarese became very concerned. She believed they were going to be evicted because she had requested an accommodation in May 2007 when APC personnel wanted to paint inside her unit in connection with the renovation project. On October 23, 2007, Ms. Matarese asked about the renewal of Plaintiffs’ and Ms. Bauman’s leases. Mr. Stuart Shaginaw, the individual with whom she spoke, did not seem surprised that they had not received renewal information. According to APC internal documents, APC personnel had been considering nonrenewing Plaintiffs’ lease in 2007. Ultimately, APC decided against the nonrenewal and issued an offer of renewal. In a letter dated October 24, 2007, APC management sent a notice of renewal to Plaintiffs, offering them various rent amounts, depending on the duration of the selected tenancy. The offer rate for a 12-month lease was $2,640.00, which was approximately a 34% increase from their existing rent. Defendants offered Ms. Bauman a lease renewal at a 16% increase, from $1,935.00 to $2,235.00. Ms. Matarese was able to negotiate lower rates for Plaintiffs and Ms. Bauman. In a letter dated November 1, 2007, Defendants memorialized the negotiated terms, stating that Plaintiffs’ renewal rate would be $2,490.00, and Ms. Bauman’s renewal rate would be $2,088.00. Plaintiffs’ renewal rate still amounted to a 26% increase, and Ms. Bauman’s renewal rate was an 8% increase. These rates would start on January 1, 2008, and Plaintiffs and Ms. Bauman had the option of terminating on October 31, 2008 or December 31, 2008. On November 7, 2007, Plaintiffs executed a new lease for the time period January 1, 2008 through October 31, 2008 at a rate of $2,490.00 per month. In the summer of 2008, as the expiration of Plaintiffs’ lease drew near, Defendant McGregor wrote Defendant Mann, informing him that Plaintiffs’ and Ms. Bauman’s leases were coming up for renewal in October 2008. He asked Defendant Mann whether “a non-renew” would be possible. Defendant Mann responded, “What are some of the examples that I can use to defend our actions?” He explained that he would need to know what happened after they “let her stay last year,” so he could bring the matter to the attention of Ms. Sally Matheu, a Vice President of Operations. Defendant McGregor emailed Archstone personnel Katrina Wood, Stuart Shaginaw, Veronica Ahmad, and Amilcar Garcia, stating, “Here is your chance. Let me know what you got.” The next day, he contacted these individuals again, informing them that he needed responses by Thursday, July 24, 2008, “if we are going to build a case.” Shortly thereafter, Mr. Stuart Shaginaw responded, stating that his only complaint was that Ms. Matarese was “a very time consuming resident,” explaining that personnel often spent six or seven hours a week just focusing on her, and that she often complained about nonissues. However, he also acknowledged that a resident like Ms. Matarese could be good for the building because she recognizes and notifies management of problems as soon as she notices them. On the morning of July 24, 2008, presumably after not hearing from the other APC personnel he had contacted, Defendant McGregor again emailed Veronica Ahmad, Amilcar Garcia, and Katrina Wood, stating: “Last chance for your thoughts!” Katrina Wood responded that afternoon, citing several examples of Ms. Matarese’s inappropriate behavior. Specifically, she indicated that the residents in the apartment below the Matarese’s complained of Ms. Matarese harassing them about their smoking, including yelling at them while they are smoking on their balcony and making comments about their getting cancer. In addition, Ms. Wood reported the “catnapping” incident in which an APC employee had to retrieve a neighbor’s cat from Ms. Matarese’s apartment after Ms. Matarese threatened to keep the cat until the neighbor stopped smoking. Finally, the email from Ms. Wood included examples of Ms. Matarese harassing staff, even those who lived in the building but were “off duty.” Defendant McGregor compiled the information from Mr. Shaginaw and Ms. Wood into an email to Defendant Mann, which he entitled, “Linda — The Essay.” Defendant McGregor wrote that he was seeking to nonrenew the leases of Ms. Matarese and Ms. Bauman. He explained that Ms. Matarese was “a detriment to the community and an excessive burden on staff,” and “her behavior has produced a negative impact on residents.” To support his request, Defendant McGregor cited the examples submitted by Mr. Shaginaw and Ms. Wood. He also wrote that Ms. Matarese “has no concept of boundaries,” explaining that Ms. Matarese has been known to harass staff, residents, vendors, and prospective tenants regarding issues she is experiencing. He described her conduct as “a pattern of behavior that never ceases. If it is not mold, or smoke, it is paint smells or dogs....” Notably, the issues to which Defendant McGregor largely referred generally related to Ms. Matarese’s concerns about exposure to paint, smoke, and mold. The following week, Defendant McGregor reached out to Defendant Mann regarding his request to issue a nonrenewal to Plaintiffs and Ms. Bauman. He explained that he was planning on sending renewal letters, informing APC tenants of a modest 2% increase in rent, and he asked if they had a chance at nonrenewing Plaintiffs and Ms. Bauman. In response, Defendant Mann instructed Defendant McGregor to issue all tenants a 3% increase, but that he should hold off on sending a renewal letter to Plaintiffs and Ms. Bauman. On August 7, 2008, Defendant McGregor emailed Defendant Mann about the incident that occurred that day between Ms. Matarese and Defendant Garcia. Defendant McGregor explained Ms. Matarese’s “emotional outburst” regarding Defendant Garcia’s failure to address the reoccurring sewer smell in Ms. Bauman’s apartment and told Defendant Mann that Defendant Garcia then had to ensure the new tenant that Ms. Matarese was fine, and there was nothing wrong with their apartment. In response to Defendant McGregor’s email about this incident, Defendant Mann responded: “That is the last straw.” The next day, Defendant Mann emailed Defendant McGregor, informing him that Ms. Matheu had approved the nonrenewal of Ms. Matarese. He explained that they needed to meet with her in person before the nonrenewal letter was issued, and he offered to join Defendant McGregor in meeting with Ms. Matarese. Mr. McGregor agreed that Mr. Mann should be present. Mr. Mann requested that Mr. McGregor schedule the meeting for the following Monday morning. On Friday, August 8, 2008, Defendant McGregor left Ms. Matarese a voicemail message, stating that he wanted to meet with her regarding her leaks. Ms. Matarese returned his call and told him that she did not have leaks, but Defendant McGregor said he wanted to meet anyway. Despite Defendant McGregor’s request to meet the following Monday, Ms. Matarese, concerned, took her mother and went to Mr. McGregor’s office shortly after speaking with him. When Ms. Matarese asked Defendant McGregor why he wanted to meet, Mr. McGregor informed Ms. Matarese that he, with the approval of Defendant Mann, had decided not to renew the leases of Plaintiffs or Ms. Bauman, and they must vacate their units when the leases expired. Mr. McGregor explained that Ms. Matarese had violated community rules and her lease by reporting the mold growth and sewer smell in her mother’s apartment, smoke, and leaks, and she had violated other tenants’ right to smoke. When Ms. Matarese asked Mr. McGregor to identify the specific provisions that she had violated, he could not point to the provisions but said that he was sure they were in the lease. Ms. Matarese had never previously been informed about lease violations or complaints regarding her behavior from staff or other tenants. After repeatedly asking him to identify the lease provisions she had violated, Mr. McGregor became very angry and told Ms. Matarese that they were tired of accommodating her sensitivities to paint and cigarette smoke. Ms. Bauman testified that she accompanied her daughter to the meeting with Defendant McGregor. Ms. Bauman recalled that Defendant McGregor told her and Ms. Matarese that APC would not renew their leases. Ms. Bauman also recalled that Defendant McGregor told Ms. Matarese that Archstone was tired of accommodating Ms. Matarese’s complaints and sensitivities to paint and cigarette smoke. At trial, Defendant McGregor denied making this statement but testified that it was possible he discussed Ms. Matarese’s requests for accommodations to the painting and the smoking. The Court finds that Defendant McGregor is not credible and that, even if he did not say those exact words, he made a statement expressing his frustration as to Ms. Matarese’s complaints of her chemical sensitivities and repeated requests for accommodations. During his testimony, Mr. McGregor demonstrated that he was frustrated with Ms. Matarese’s frequent complaints and requests concerning her apartment and her mother’s apartment. However, in contrast to Mr. McGregor’s characterization of Ms. Matarese and her complaints, the evidence reveals that Ms. Matarese’s complaints were proven to be grounded in fact. In each instance where she complained about paint, smoke, or noxious odors, there was testimony, often from APC personnel regarding their investigation into the complaint, that revealed that each complaint was based upon observable facts. Further, on the stand, Mr. McGregor exhibited an arrogant attitude toward Ms. Matarese, reflecting a bias toward her that was apparent from his verbal and nonverbal statements. Finally, the Court finds that Mr. McGregor’s denials of any animus or bias toward Ms. Matarese are undercut by his conduct toward Ms. Matarese and his e-mails to APC personnel attempting to “build a case” to remove Ms. Matarese from the building. The demonstration of such animus and bias supports the Court’s finding that Defendant McGregor made the discriminatory statement during the meeting. After the meeting, Ms. Matarese was very upset and terrified about what she, her husband, and her mother would do and where they would live. She was especially concerned given her illness and her mother’s age and deteriorating condition. On August 11, 2008, Ms. Matarese delivered a letter to Defendant McGregor regarding the August 8, 2008 meeting. In the letter, Ms. Matarese addressed the conduct that Defendant McGregor cited as the basis of Defendants’ nonrenewal of their lease, explaining that she was being subjected to retaliation for her repeated complaints about mold and sewer odors. In the letter, Ms. Matarese did not mention Defendant McGregor’s comment about being tired of accommodating her sensitivities to paint or smoke. Ms. Matarese testified that her letter was intended to state a case under the Virginia Landlord/Tenant Act and had nothing to do with claims for discrimination. She testified further that she simultaneously drafted a complaint to be filed with the Virginia Fair Housing Office regarding Defendants’ discrimination, which included Defendant McGregor’s statement. Defendants memorialized the nonrenewal of Plaintiffs’ and Ms. Bauman’s leases in a letter dated August 11, 2008, signed by Defendant McGregor. Plaintiffs received the letter under their door on August 12, 2008. The letter informed Plaintiffs that Defendants were exercising their right to terminate Plaintiffs’ lease at the time of expiration and that they needed to vacate their apartment by midnight on November 11, 2008, pursuant to paragraph 26.2 of the Lease Agreement. Paragraph 26 concerns, in relevant part, the Landlord’s right of reentry, removal, and re-renting and states that, in the event a resident breaches any of the terms or conditions of the lease, the owner shall have all rights and remedies available as recognized by applicable state law, including termination of the lease. On August 17, 2008, Ms. Matarese discovered that the apartments of Plaintiffs and Ms. Bauman were advertised for rent on the Archstone website. The website provided that the apartments would be available as of November 26, 2008. On August 20, 2008, Ms. Matarese filed a complaint with the Arlington County Human Rights Commission against APC, alleging discrimination based on disability, which was sent to Defendant McGregor on September 3, 2008. In her complaint, Ms. Matarese stated that, during the conversation in which Defendant McGregor informed her of the lease nonrenewal, he remarked that he was tired of Ms. Matarese requesting accommodations with regard to painting and residents smoking. On October 6, 2008, Ms. Matarese and Ms. Bauman had a telephone conversation with Defendant Mann to discuss Ms. Bauman’s lease because Ms. Bauman had not received any notification about renewal. Defendant Mann told Ms. Matarese and Ms. Bauman that Defendants had assumed Ms. Bauman would leave with Plaintiffs after Plaintiffs’ lease expired. Ms. Matarese explained that Ms. Bauman wished to remain at APC, and Defendant Mann told her that they would consider that option. During this October 6, 2008 call, Ms. Matarese also requested that Mr. Mann reconsider the nonrenewal of Plaintiffs’ lease. Mr. Mann told Ms. Matarese that Archstone would not consider renewing her lease. In addition, he told her that he would not transfer Plaintiffs to, or allow them to rent at, another Archstone property, explaining that it would not be a good idea. Instead, he advised Ms. Matarese that “there are a lot of other communities out there, and I think you need to be, be [sic] looking around there and you’ll find something that meets your needs I’m sure in the area. There’s a lot of competition and that’s what would be for the best.” Subsequently, Defendant McGregor cautioned certain regional Archstone personnel not to lease an apartment to Ms. Matarese and advised them to watch for the use of her maiden name, Bauman. Further, Ms. Matarese was put on APC’s decline list at Saferent, the entity that screens Archstone’s tenant applications. On or about October 15, 2008, Ms. Matarese amended her housing discrimination complaint and filed a complaint with HUD. In her amended complaint, she alleged that Defendant Mann informed her that Defendants were not going to rent to her at any other Archstone Property. Ms. Matarese claimed that such conduct constituted retaliation for filing the original fair housing complaint. In connection with these complaints, the Virginia Fair Housing Office began to conduct an investigation of Ms. Matarese’s claims. At approximately 11:00 p.m. on October 29, 2008, the day Ms. Matarese’s administrative complaints were served, APC attached an amended nonrenewal notice to Plaintiffs’ door, informing Plaintiffs that their tenancy would be terminated at the expiration of the current Lease Agreement, and renewal options would not be offered. Defendants informed Plaintiffs that the letter served as notice to vacate them apartment by midnight on December 31, 2008 pursuant to paragraph 29 of the Lease Agreement. Paragraph 29 of the Lease