Can landlords deny applicants with prior evictions?

Tenant Screening and Denial Based on Prior Evictions in Washington State

When managing rental properties in Washington State, landlords must carefully navigate tenant screening practices to ensure compliance with state laws while protecting their investments. One common question landlords face is whether they can deny applicants who have prior evictions on their rental history. Understanding the legal framework and best practices in Washington is essential for landlords to make informed decisions and avoid potential legal pitfalls.

Can Washington Landlords Deny Applicants with Prior Evictions?

The short answer is yes, Washington landlords can deny applicants who have prior evictions, but they must do so within the boundaries set by Washington’s Fair Chance Act, the Washington Law Against Discrimination, and federal Fair Housing guidelines.

Key Considerations for Denying Applicants with Prior Evictions

1. Evictions as a Screening Criterion:

Prior evictions are typically viewed as a legitimate factor in evaluating a prospective tenant’s rental history and reliability. Landlords use eviction records to assess the likelihood of lease violations or nonpayment of rent.

1. Washington’s Fair Chance Act Protections:

Washington’s Fair Chance Act limits when landlords can inquire about criminal records, but this act does not prohibit landlords from considering eviction history in screening decisions. Eviction records do not fall under criminal history and may be considered.

1. Avoiding Discriminatory Practices:

While evictions can be grounds for denial, landlords must ensure that their screening criteria and tenant selection do not discriminate against protected classes under the Washington Law Against Discrimination: - Race, color, national origin, sex, sexual orientation, gender identity, disability, family status, marital status, age, creed, and other protected characteristics. - Landlords must apply their screening criteria consistently to all applicants to avoid claims of discrimination.

1. Individualized Assessment:

Considering the growing emphasis on fair housing and housing access policies, landlords in Washington are encouraged to perform individualized assessments. This means: - Evaluating the context of the prior eviction. - Considering the time elapsed since the eviction. - Reviewing evidence of rehabilitation, such as steady income or references from prior landlords. An individualized approach helps reduce the risk of unjust denial and may be required by local ordinances in some Washington cities.

Legal Framework Affecting Tenant Screening in Washington

Fair Credit Reporting Act (FCRA)

• Most eviction history reports are compiled through consumer reporting agencies.
• Landlords must comply with the FCRA when using tenant screening reports, including:

- Obtaining written consent before checking a tenant’s report. - Providing notice of adverse action (denial) based on the report, along with information on how the applicant can dispute inaccuracies.

Washington Law Against Discrimination (WLAD)

• Prohibits discrimination in housing based on protected classes.
• Applies to tenant screening policies and how landlords apply eviction history in decision-making.

Local Ordinances

• Several Washington cities (such as Seattle, Tacoma, and Spokane) have additional tenant protections that may:

- Limit the weight given to eviction records. - Require more robust justifications for denial. - Mandate notification and appeal processes for rejected applicants.

Landlords should check relevant local laws on tenant screening and eviction records.

Best Practices for Washington Landlords Screening Applicants with Prior Evictions

To reduce legal risks and protect tenants’ rights while making prudent business decisions, landlords should employ the following best practices:

1. Establish Clear, Written Screening Criteria

• Define what factors will be considered, including how eviction history affects eligibility.
• Set parameters such as how recent or severe an eviction must be to justify denial.
• Apply criteria consistently to every applicant.

2. Use Reliable Screening Tools

• Obtain eviction records through reputable tenant screening services that comply with FCRA.
• Verify information to avoid relying on inaccurate or incomplete records.

3. Conduct Individualized Reviews

• Consider circumstances surrounding prior evictions, such as:

- Whether the eviction was due to nonpayment or other lease violations. - The length of time since the eviction. - Evidence of financial stability since the eviction.

• Document reasons for denial to defend against potential claims.

4. Provide Fair Notice and Opportunity to Respond

• Notify applicants in writing if denied based on eviction records.
• Include information about their rights under FCRA to dispute inaccurate information.
• Consider accepting explanations or additional documentation from applicants.

5. Stay Up-to-Date on Changes in Washington Housing Law

• Washington tenant laws and local ordinances can change, impacting permissible screening practices.
• Join landlord associations or consult legal counsel periodically to ensure compliance.

Conclusion

In Washington State, landlords can deny rental applicants who have prior evictions, but such denials must be conducted within a legal framework that protects tenants’ rights against discrimination and unfair treatment. By establishing consistent screening policies, verifying eviction records responsibly, and considering individual circumstances, landlords can make informed decisions that support successful tenancies and comply with state and local regulations. Staying informed about applicable laws and adopting fair screening practices helps landlords maintain good tenant relations and reduce liability risks.