Navigating the Rough Waters
of the Fair Housing Act

by Sandra Baker

"Good intentions make bad business." Sounds a little heartless, but it can save landlords a lot of trouble in the long run. When it comes to compliance with fair housing and discrimination laws, there should be one abiding rule—BE CONSISTENT!

There are many legitimate reasons to deny someone (credit, income, references , etc.). If you start making exceptions to the standards you have set, you may be inadvertently discriminating against others.

You undoubtedly have the best of intentions when you rent to someone in spite of past problems they have had. Perhaps their story struck a sympathetic chord with you, or they are close friends of the family. Regardless of your reasons, if you rent to one applicant with a certain credit profile, you will be setting a precedent for all future applicants with similar credit histories. It may seem a little hard-hearted, but the best business decisions are ones based on consistent, objective standards, not an impulsive "heartfelt feeling."

Before you set your standards, it is a good idea to review current Fair Housing Laws.

Here is a list of protected classes according to Fair Housing Laws:

HUD (Nationwide)
Race, color, religion, sex, national origin, disability, familial status.

WASHINGTON STATE HUMAN RIGHTS COMMISSION (Statewide)
Race, color, religion, sex, national origin, disability, marital status, familial/parental status

KING COUNTY OFFICE OF CIVIL RIGHTS & COMPLIANCE (Unincorporated areas of King County)
Race, color, religion, sex, national origin, disability and guide dog, parental status, marital status, age, sexual orientation, Section 8 housing subsidy

SEATTLE HUMAN RIGHTS DEPARTMENT (City of Seattle only)
Race, color, religion, sex, national origin, disability, parental status, marital status, age, sexual orientation, ancestry, political ideology, Section 8 housing subsidy

CITY OF BELLEVUE, WA
Section 8, age, color, religion, ancestry, national origin, sex, familial status, marital status

Note: In unincorporated King County, Seattle and Bellevue (Washington State) you cannot discriminate against someone who is on Section 8 housing SOLELY on that basis. You may require them to meet other reasonable standards you have set for your applicants. Also, in unincorporated King County, you cannot refuse to rent to someone with an approved guide dog, nor can you collect an extra pet fee or deposit. The disability protected class was added in 1988, and is nationwide. This CAN include people who have formerly been convicted of drug- and alcohol-related crimes if the subject is now in an approved rehab program and is completing it successfully.