What fair housing laws must landlords follow?
This rental guidance was reviewed by the Tenants & Landlords Intelligence Team, specializing in lease agreements, notices, rent disputes, deposits, evictions, and tenant-landlord operational procedures.
Fair Housing Laws for Landlords in Washington State: A Comprehensive Guide
As a landlord operating in Washington State, understanding and adhering to fair housing laws is critical to ensure legal compliance and foster equitable rental practices. Washington enforces robust fair housing protections that complement federal laws, aiming to prevent discrimination and promote equal housing opportunities for all residents.
This guide provides an overview of the key fair housing laws landlords must follow in Washington, highlighting both federal and state-specific requirements.
1. Overview of Fair Housing Laws in Washington
Federal Fair Housing Act (FHA)
The foundation of fair housing law in Washington is the federal Fair Housing Act, which prohibits discrimination against tenants and prospective tenants based on the following protected characteristics:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation per HUD guidance)
- Familial status (presence of children under 18)
- Disability
Washington Law Against Discrimination (WLAD)
Washington's Law Against Discrimination extends protections beyond the federal minimum:
- Adds protections against discrimination based on sexual orientation, gender identity, and military/veteran status, explicitly recognized in Washington.
- Prohibits discrimination in housing based on marital status.
- Includes protections related to use of a service animal for disabilities, and source of income discrimination under certain programs.
2. Protected Classes Under Washington Fair Housing Laws
Landlords in Washington must not discriminate against applicants or tenants on the following bases:
- Race, color, or national origin
- Sex, gender identity, or sexual orientation
- Religion
- Familial status (families with children under 18)
- Disability (both physical and mental)
- Marital status
- Military or veteran status
- Age (in certain contexts, though housing specifically for elderly persons is permitted)
- Source of income *(including Section 8 or housing vouchers, under local ordinances within the state)*
- Use of a service or assistance animal
3. Key Prohibited Practices for Landlords
Washington landlords must avoid the following discriminatory actions that violate fair housing laws:
a. Advertising
- Avoid any language or statements that indicate a preference, limitation, or discrimination against protected classes.
- For example, advertising “male preferred” or “family only” can be unlawful.
b. Tenant Screening and Selection
- Do not apply different criteria (credit score, income requirements, background checks) based on protected characteristics.
- Rejecting an applicant solely because they receive housing assistance or veteran benefits may trigger liability.
c. Lease Terms and Conditions
- Do not impose different or additional lease terms, fees, or deposit amounts based on protected class status.
- Accommodate reasonable modifications or assistance animals for tenants with disabilities.
d. Denying Housing or Eviction
- Denying housing access or evicting a tenant due to membership in any protected class is illegal.
- Retaliation against tenants who assert their fair housing rights is prohibited.
4. Reasonable Accommodations and Modifications
One of the critical areas where Washington landlords must exercise care involves tenants with disabilities.
- Reasonable Accommodation: Changes in rules, policies, practices, or services to afford a person with a disability an equal opportunity to use and enjoy housing.
- Reasonable Modification: Structural changes to the physical premises, usually at the tenant’s expense, that are necessary for the tenant to use the housing.
Landlords cannot refuse such requests without engaging in an interactive process to determine if the accommodation/modification is reasonable or an undue hardship.
5. Source of Income Protections in Washington
In many localities within Washington, landlords are prohibited from refusing to rent to tenants based on their lawful source of income, including:
- Housing choice vouchers (Section 8)
- Social Security benefits
- State or federal disability payments
6. Compliance and Enforcement
Agencies Involved
- Washington State Human Rights Commission (WSHRC): Enforces fair housing laws at the state level.
- U.S. Department of Housing and Urban Development (HUD): Enforces federal Fair Housing Act provisions.
- Local fair housing agencies: These may provide additional enforcement and education.
Penalties
Violations of fair housing laws can result in:
- Civil penalties and fines
- Compensatory damages to harmed tenants
- Injunctions requiring landlords to change discriminatory practices
- Potential legal costs and attorney fees
Best Practices
- Train staff on fair housing compliance.
- Establish non-discriminatory rental policies and application procedures.
- Maintain documentation of tenant screening decisions and accommodation requests.
- Consult legal counsel when crafting or revising lease agreements or policies.
7. Practical Tips for Washington Landlords to Ensure Compliance
- Use inclusive and neutral advertising: Avoid statements that could be construed as discriminatory.
- Apply consistent screening criteria: Have a standard set of qualifications for all applicants.
- Respond fairly to accommodation requests: Be prompt and thorough in evaluating and approving reasonable accommodations.
- Stay informed of local ordinances: Know the additional rules in your city or county.
- Conduct regular training: Ensure all employees understand fair housing laws and company policies.
- Keep thorough records: Document applications, denials, lease agreements, and communications.
Conclusion
Washington landlords must comply with comprehensive fair housing laws that guarantee tenants equal access to housing without discrimination. Adhering to these laws not only prevents costly legal disputes but also upholds community standards of fairness and respect.
By familiarizing yourself with both federal and Washington-specific fair housing provisions, maintaining transparent and equitable tenant policies, and responding responsibly to accommodation requests, landlords can cultivate positive relationships with tenants while safeguarding their business operations.
For further information and guidance, landlords can visit resources provided by the Washington State Human Rights Commission or consult with an attorney specializing in landlord-tenant law and fair housing compliance.