As a landlord in Washington, one of your legal obligations is to abide by the state’s anti-discrimination laws. The Washington Fair Housing Act is an extension of the federal Fair Housing Act, which guarantees every American the right to fair housing regardless of certain protected classes.
The Fair Housing Act (FHA) touches on many facets of a landlord’s daily responsibilities including property marketing, tenant screening, rent increases, repair responses, and tenant eviction. You must keep Fair Housing laws in mind when carrying out such duties.
And just as with other landlord-tenant laws, violations can carry significant penalties. The Washington State Human Rights Commission is the agency tasked with investigating discrimination complaints in the state.
To make sense of your responsibilities under the state’s Fair Housing laws, we at Red Roof Rentals have put together this guide. The following are important basics of the Fair Housing Act in Washington:
Federal Fair Housing Act
The Federal Fair Housing Act was signed into law on April 11th, 1968 by President Lyndon. B. Johnson. The federal law is part of Title VIII of the Civil Rights Act of 1968, and prohibits discrimination in housing and residential real estate-related transactions. The act covers a wide range of housing, including public, private, subsidized, and market-rate housing.
The Federal Fair Housing Act applies to all U.S. citizens. It prohibits landlords and other housing providers from discriminating against their clients based on 7 protected classes: race, color, religion, sex, disability, familial status, and nationality. The main goal of the act is to ensure that everyone has an equal and fair opportunity when it comes to housing.
Fair Housing Act in Washington
After the Federal Fair Housing Act became law, subsequent amendments have been made at the state level to add even more protections. The Washington Fair Housing Act adds the following protections for its residents:
- Sexual orientation
- Marital status
- Age
- Veteran/military status
- Participation in a Section 8 program
- HIV/Hepatitis C status
- Gender identity
Fair Housing Act Violations in Washington
Here are some examples of how tenant discrimination can occur:
Race
Failing to accept or consider a prospective tenant because of their race or color. Another example would be steering a tenant of a particular skin color to a different neighborhood because you think they won’t be comfortable in the unit.
National Origin
Illegally refusing to rent your unit to a tenant because they belong to a particular nationality. Engaging in blockbusting practices in connection with the rental of your dwelling will also constitute discrimination.
Religion
Showing a preference for or limitation against someone for their religious beliefs and practices. For instance, it’d be illegal to not rent to an Atheist just because you think the area is predominantly Christian.
Sex/Gender
Unlawfully discriminating against a tenant because of their sex or gender and for example, refusing to rent to or trying to evict a tenant because they’re transgender.
Familial Status
Rejecting an applicant just because they are pregnant or have children. During the marketing and tenant screen phases, you must also refrain from asking questions about a prospective tenant’s familial status.
Marital Status
Denying a renter the opportunity to rent your unit because they are single or divorced. A person's marital status should not impact their treatment during the tenancy.
Sexual Orientation
Charging different security deposits and rent prices for tenants based solely on their sexual orientation.
Disability
Refusing to provide the tenant with certain reasonable accommodations like allowing their service animal. Another form of discrimination can occur if you refuse the installation of a grab bar in the bathroom or widen the doorway to accommodate wheelchairs or walkers.
Military/Veteran
Denying housing to a service member or reservist on the assumption that they would called to active duty before the lease is up.
Other Examples of Housing Discrimination
The following are other ways in which housing discrimination can occur in Washington:
- Falsely claiming that your unit isn’t available to a tenant belonging to a protected group.
- Offering tenants belonging to certain protected groups different lease agreement terms or conditions.
- Advertising your unit in a manner that shows preference or limitation to tenants belonging to certain protected groups.
- Failing to provide disabled tenants with certain reasonable accommodations or denying them reasonable requests for modifications.
As a landlord, doing any of the above can result in legal and financial penalties. It’d violate both the federal and state Fair Housing Laws. As such, make sure to align your policies with the FHA.
How to Comply with the Fair Housing Act
When renting out your unit in Washington, take the following measures to avoid legal action, fines, or reputation damage:
- Screen tenants consistently without bias or preference.
- Only describe the rental property and surrounding amenities in listings. Don’t describe your “ideal tenant”.
- Provide disabled applicants with reasonable accommodations.
- Familiarize yourself with any local Fair Housing laws (if any).
- Work with a reputable property management company.
- Enforce lease agreements equally across all tenants
Bottom Line
All successful landlords share one thing in common – they abide by all landlord-tenant laws! Familiarizing yourself with applicable rental and Fair Housing laws can save you money and protect your reputation as a landlord.
Working with a full-service property management company like Red Roof Rentals can ensure that your rental properties are effectively managed. Get in touch today to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
