Property Manager Fair Housing Guide

A Brief History

The Civil Rights Act of 1866, passed by the Reconstruction Congress, guaranteed property rights to all, regardless of race. It was another hundred years before any real change in fair housing came about, with the passage of the federal Fair Housing Act - Title VIII of the Civil Rights Act of 1968, which added color, national origin, religion and sex. The Fair Housing Act represented the culmination of years of congressional consideration of housing discrimination legislation. Its legislative history spanned the urban riots of 1967, the release of the Report of the National Advisory Commission on Civil Disorders (the Kerner Commission Report, which concluded that America was moving toward two societies, separate and unequal), and the assassination of Dr. Martin Luther King, Jr.

In 1988, President Reagan signed the Fair Housing Amendments Act, adding two more protected classes (families with children and people with disabilities), strengthening the administrative and judicial enforcement process for U.S. Department of Housing and Urban Development (HUD) complaints, and providing monetary penalties in cases where housing discrimination is found to have occurred.

Fair Housing Laws

What fair housing laws apply in Washington state and who enforces them?

The federal Fair Housing Act and its 1988 amendments (FHA) protect people from negative housing actions that occur because of their race, color, national origin, religion, sex, disability, or family status, which are "protected classes" under the FHA.

State and local fair housing laws cover additional groups, such as marital status, sexual orientation, gender identity, age, and participation in the Section 8 Program. HUD enforces the FHA.

The Washington State Human Rights Commission (WSHRC) enforces the Washington Law Against Discrimination, RCW 49.60. Three local agencies enforce fair housing ordinances:

• King County Office of Civil Rights (OCR)
• Seattle Office for Civil Rights (SOCR)
• Tacoma Human Rights and Human Services Department (THR).

The state and local laws are considered "substantially equivalent" to the FHA, and HUD contracts with these agencies to handle most fair housing investigations in Washington.

Which Laws Apply to Our Property?

The Fair Housing Act and the state fair housing law cover most housing rental properties. WSHRC has jurisdiction over housing anywhere in the state of Washington. If a property is located in unincorporated King County, OCR has jurisdiction. SOCR and THR handle complaints within the city limits of Seattle and Tacoma. The City of Bellevue Code Compliance office investigates Section 8 cases in that city (WSHRC handles all other fair housing cases in Bellevue). Appendix A lists the fair housing agencies and their contact information.

Most types of housing properties are covered - leased or rented apartments; houses or condominiums that are sold, leased or rented; rooming houses; cooperatives; temporary shelters; mobile home parks; roommate situations (except a renter can specify a roommate's sex); construction sites; and even empty lots. If uncertain whether a property is covered, contact any local fair housing agency. See the Glossary in Appendix D for a list of exemptions.

What Housing Actions are Prohibited by Fair Housing Laws?

Fair Housing Laws Prohibit the Following Housing Actions:

• Refusing to rent to someone or telling someone that a rental is not available, even though it is, because of his or her protected class.

• Discriminating in the terms and conditions of rental because of a resident's protected class. Examples:

  • Sending violation notices to an Asian resident who breaks a rule, but not to a Caucasian resident who breaks the same rule.
  • Charging additional deposits to families with children or to wheelchair users.
  • Allowing Russian residents but not Saudis to use the community center.

• Making, printing, or publishing a notice, statement, or advertisement that indicates any preference, limitation, or discrimination based on a protected class. Examples:

  • A newspaper ad states "Apartment available for a single person. Christians preferred."
  • The manager tells a Vietnamese applicant he'd be more comfortable in another community that has people like him.

• Failing to provide reasonable accommodations to a person with a disability, refusing to allow a disabled resident to make reasonable modifications, or failing to meet access requirements. Examples:

  • Refusing to let a blind resident live with a guide dog.
  • Not permitting a disabled person to install bathroom grab bars.

• Enforcing a neutral rule or policy that has a disproportionately adverse effect on a protected class unless there is a valid business reason for the rule or policy, and the housing provider can show that there is no less discriminatory means of achieving the same result. Example:

  • Management has a rule that applicants must have an income of at least three times the monthly rent. Because people with Section 8 vouchers are low income, virtually all voucher holders would be denied tenancy under such a rule. It may be appropriate to apply a different standard - for example, to require Section 8 applicants to have an income three times their portion of the rent. Note that Section 8 program participation is a protected class in Seattle, Bellevue, and unincorporated King County.

• Retaliating against a resident or applicant because he or she has asserted fair housing rights or has been a witness in a fair housing investigation. Examples:

  • Refusing to make repairs or not making them promptly because a resident filed a fair housing complaint.
  • Evicting a resident because he was a witness in a civil rights investigation. This applies to informal verbal complaints as well as formal discrimination cases filed with a civil rights agency.

Even though the original allegation might turn out to be unfounded, if a housing provider takes retaliatory action, a retaliation complaint can be supported.

Example:

A resident complains of racial harassment. A week later, the manager issues her a parking violation notice but does not give notices to other residents for the same offense. The resident files a complaint. The civil rights office finds no evidence of harassment; however, the investigation shows that the manager retaliated against the resident for the harassment complaint by issuing the parking notice.