Key Takeaways
- The Fair Housing Act sets clear rules for how landlords market, screen, rent, and manage properties to ensure equal treatment for all residents.
- Washington expands on the federal law by protecting additional classes like marital status, sexual orientation, and military status.
- Fair housing rules apply throughout the entire landlord-tenant relationship, from advertising a unit to setting rent and responding to resident requests.
- Landlords can stay compliant by applying policies consistently, documenting interactions, asking appropriate screening questions, and honoring reasonable accommodation requests.
The Washington Fair Housing Act prohibits housing providers, such as landlords and homebuyers, from discriminating against residents and homebuyers based on certain protected classes, ensuring fair housing opportunity for tenants.
As a landlord, the act is part of the statewide Residential Landlord-Tenant Act that you should familiarize yourself with. The Fair Housing Act applies in most aspects of the landlord-tenant relationship. Including, when marketing the unit, tenant screening, and even when raising rent.
And just like with other laws under the Washington landlord-tenant law, violations can have a legal bearing. Here is a comprehensive guide by Keyrenter West Seattle on what the FHA is and what landlords must do.
What is the Federal Fair Housing Act?
The Federal Fair Housing Act was passed by Congress on April 11, 1968, and signed into law by President Lyndon Johnson. It prohibits discrimination in the rental, sale, advertising, and financing of housing based on the following 7 protected classes. These anti discrimination laws protect:
- Race
- Religion
- Sex
- Color
- Nationality
- Familial status
- Disability
- Gender identity
What Are the Protected Classes Under the Fair Housing Act in Washington?
Some states have laws that have added additional housing discrimination protections to the Federal law. In Washington, marital status, sexual orientation, and military status are also protected under fair hosuing laws for prospective tenants.
What Is the Penalty for Violating the Fair Housing Laws in Washington?
Violating the Fair Housing Act (FHA) can lead to hefty financial and legal repercussions. If found guilty of a violation, you may be liable to pay the resident damages, and attorney and court costs.
What Actions Can Be Considered Discriminatory Under the Washington Fair Housing Act?
As a landlord, the following are some discriminatory acts to stay away from to stay compliant with housing laws in Washington.
- Refusing to rent out your property to a prospective resident because of their race, color, nationality, or any other protected class.
- Charging residents different rents because they belong to a different race, color, nationality, or any other protected class.
- Giving residents different terms and conditions because of a protected class.
- Advertising your rental property in a discriminatory way. For instance, saying that you prefer one gender over another, or saying your property is ideal for a family only.
- Harassing your resident because of their race, color, sex, or any other protected class.
- Rejecting a qualified resident just because of a protected class.
What Are the Exemptions to the Washington Fair Housing Act?
Below are the exceptions to the Fair Housing Act (FHA).
- Owner-occupied housing that has four or fewer units.
- A single-family housing that the landlord rents out without using a broker.
- Housing that is operated by a private club or a religious organization.
How Can Landlords Protect Themselves Against Potential Fair Housing Accusations?
Below are some fair housing laws tips to keep in mind when renting a property in Washington.
- Familiarize yourself with the Fair Housing Act. Understand the state and local protected classes to avoid making any discriminatory statements during your interaction with the resident.
- Administer the rental rules fairly and consistently, regardless of a resident’s protected class.
- Document all interactions you have with your resident. Including responses to maintenance issues, rental applications, and resident complaints.
- Market your property in a non-discriminatory manner. Avoid using certain statements that land you in trouble. For instance, “Ideal for Males,” “Young Professionals Preferred,” and “No Children.”
- Ask proper screening questions. Avoid asking questions that touch on a resident’s protected class. Such as: Are you pregnant? How many children do you have? Is that a service dog?
- Honor reasonable requests a disabled resident may have regarding certain accommodations and modifications. An example of a reasonable accommodation you can make is allowing a service animal, even with a “no pets” policy in place. An example of a reasonable modification would be something like installing ramps or widening doorways.
- Consider hiring an expert property manager. If you’re not knowledgeable about your legal obligations under the Residential Landlord-Tenant Act, working with a professional can help.
Conclusion
To be a successful landlord, you must understand your legal obligations under federal, state, and local landlord-tenant laws. Luckily for you, though, you can work with a property management company to help you handle everything. From legal compliance with fair housing laws to resident placement, to repairs and maintenance, and everything in between.
Keyrenter West Seattle is a top-notch property management company. We can help you achieve easy ownership and maximize returns. Get in touch 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.
