What fair housing rules apply to tenant screening?

Tenant Screening and Fair Housing Rules for Landlords in Washington State

Tenant screening is a critical part of landlord operations in Washington. Conducting thorough, consistent tenant screening helps landlords find reliable tenants and reduces the risk of problematic tenancies. However, landlords in Washington must carefully navigate tenant screening practices within the framework of fair housing laws designed to prevent discrimination and promote equal housing opportunities.

This guide outlines the key fair housing rules that Washington landlords need to understand when screening potential tenants.

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Overview of Fair Housing Laws in Washington

Washington’s fair housing regulations combine federal, state, and local protections to ensure that all renters have equal access to housing. The core federal law governing tenant screening is the Fair Housing Act (FHA), which prohibits discrimination based on:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial status (presence of children under 18)
• Disability

Washington state law supplements these federal protections with additional protected classes, including:

• Age
• Marital status
• Military or veteran status
• Sexual orientation and gender identity (explicitly protected under state law)
• Use of lawful source of income (for example, Section 8 housing vouchers)
• Political beliefs
• Lawful occupation

When screening tenants, Washington landlords must comply with both federal and state fair housing laws, which means you cannot use screening criteria or practices that discriminate against applicants based on these protected characteristics.

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Key Fair Housing Considerations in Tenant Screening

1. Consistency in Screening Criteria

• Apply the same screening criteria to all applicants.
• Do not make exceptions or harsher demands for applicants of a certain race, ethnicity, family status, or disability.
• Consistency helps reduce liability exposure and supports fair housing compliance.

2. Avoiding Discriminatory Screening Questions

• Do not ask questions that directly or indirectly reveal a candidate’s protected characteristics, such as the number or ages of children, marital status, religious affiliation, or disability status.
• For instance, asking about medical history or requiring disclosure of disabilities is prohibited under the Fair Housing Act.
• Questions must be limited to information relevant to tenancy, such as income, rental history, and credit.

3. Use of Criminal Background Checks

• While criminal background checks are permitted, Washington landlords must use them carefully:

- Avoid blanket bans on applicants with criminal records. - Analyze the nature, severity, and recency of the criminal offense. - Consider whether the offense relates directly to the safety and security of other residents or property. - Be aware of local ordinances that may have additional restrictions (e.g., Seattle has specific homeless protections and considerations regarding criminal histories).

4. Credit Checks and Income Verification

• Credit checks are a common screening tool, but landlords should:

- Ensure credit standards do not disproportionately exclude applicants from protected classes. - Accept alternative verification when possible, such as proof of steady income or reliable rental history.

• Verification of lawful source of income cannot be used to discriminate, which impacts those using housing vouchers or public assistance.

5. Reasonable Accommodations and Modifications

• Under Washington law and the Fair Housing Act, landlords must provide reasonable accommodations in screening procedures for applicants with disabilities.
• Examples include:

- Accepting a letter from a healthcare provider instead of typical screening documentation. - Allowing extended time to gather required paperwork.

• Failure to accommodate can result in a discrimination claim.

6. Use of Tenant Screening Services

• If using third-party screening reports (credit, criminal, eviction history), landlords should:

- Provide applicants with disclosures as required under the Fair Credit Reporting Act (FCRA). - Supply adverse action notices if an applicant is denied based on information provided by the screening service. - Verify the accuracy of third-party data before making decisions.

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Washington State Specific Rules Impacting Tenant Screening

Lawful Source of Income Protection

• Washington’s Lawful Source of Income law makes it illegal to discriminate against tenants based on how they pay rent.
• This means landlords cannot reject applicants because they receive housing assistance, such as:

- Section 8 / Housing Choice Vouchers - Social Security benefits - Disability benefits

• Screening processes and policies must affirmatively permit such applicants, provided they meet other screening criteria.

Local Fair Housing Ordinances

Several cities in Washington, such as Seattle, Tacoma, and Spokane, have enhanced fair housing rules that add protections or screening requirements. Landlords should consult local ordinances in their jurisdiction to ensure compliance. Common features include:

• Limits on use of criminal background checks.
• Prohibitions on discrimination based on rental assistance programs.
• Additional protections for source of income or familial status.

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Best Practices for Washington Landlords in Tenant Screening

To maintain compliance with fair housing rules while effectively screening tenants, landlords in Washington are encouraged to:

• Develop a written, consistent tenant screening policy outlining application requirements and evaluation criteria.
• Train any staff or agents involved in leasing on fair housing laws and state-specific rules.
• Use objective screening tools that emphasize verifiable factors like income, rental history, and creditworthiness.
• Avoid subjective criteria that can result in discriminatory effects.
• Document all screening decisions and maintain records to demonstrate consistent application of policies.
• Provide clear disclosures to applicants regarding their rights under the Fair Credit Reporting Act and procedures for contesting adverse decisions.

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Conclusion

Tenant screening in Washington requires landlords to balance the need for thorough applicant vetting with strict adherence to fair housing laws designed to prevent discrimination. By applying screening criteria uniformly, avoiding prohibited questions, considering local and state protections, and accommodating applicants with disabilities, landlords can reduce legal risks and promote fair and equitable access to housing.

Being knowledgeable about Washington’s specific fair housing rules allows landlords to operate professionally and ethically while safeguarding their rental investments. Consistent policies coupled with ongoing education on fair housing will help ensure successful tenant selection in today’s regulatory environment.