Know Your Housing Civil Rights

You have a right to be free from discrimination in housing transactions, including renting, leasing, purchasing and obtaining financing for land or housing. Washington law prohibits discrimination by landlords, real estate firms or their brokers, sellers, or other individuals involved in real estate transactions.

In Washington, individuals or businesses cannot discriminate based on race, color, national origin, citizenship or immigration status, creed (religion), sex or gender, marital status, sexual orientation, gender identity or expression, the presence of any sensory, mental, or physical disability, the use of a trained dog guide or service animal, veteran or military status, or families with minor children.

Federal fair housing laws also prohibit discrimination in real estate transactions, including the sale, lease, rental or financing (e.g., mortgage lending) of real estate, on the basis of protected classes. There are some exemptions for religious organizations or private clubs.

The classes protected under federal law differ from those protected under state law. For example, federal law does not cover sexual orientation, marital status or veteran status. Under both federal and state law, it is illegal to retaliate against or interfere with anyone who is exercising their fair housing rights.

Advertising

Landlords, agents, sellers and others may not advertise or make any sort of statement that indicates an intention to discriminate against a protected group. For example, a sign outside an apartment complex that advertises, “Apartment available, mature professionals only - No children” would unlawfully discriminate against families with children unless the property qualifies as senior housing.

Sales and Rental Practices

When real estate is for sale or rent, everyone must be offered the same terms whether or not they belong to a protected class. This means that the availability, price and other details of a sale or rental should not depend on factors like race, national origin, religion, or sex. For example, a landlord may not charge male tenants a higher security deposit than female tenants. Similarly, a real estate broker may not steer African-American buyers toward homes in high-minority areas and decline to show them homes in mainly white neighborhoods.

Applicant Screening and Source of Income Discrimination

Landlords cannot discriminate against prospective or current tenants because of a tenant’s source of income. This means they cannot deny an applicant or treat a tenant differently because the person’s income comes from benefits or subsidy programs such as housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. 

Examples of sources of income protected from discrimination include: Aged, Blind, or Disabled cash assistance (ABD), child support, pension or Temporary Assistance for Needy Families (TANF), HUD-Veterans Affairs Supportive Housing (HUD- VASH), and Section 8 Housing Choice Vouchers.

Lending

It is illegal for lenders to discriminate against protected groups when making home loans. Although lenders may offer different loan terms to borrowers based on credit score, income, debt and certain other factors, lenders cannot offer different loan terms to borrowers based on reasons like race, disability or sex. For example, lenders may not target minority borrowers for expensive loan products, and lenders may not limit services to certain geographic areas because high concentrations of minority borrowers live in the area.

Disability

In addition to the housing rights discussed above, additional rules protect the rights of people with disabilities to access, use, and enjoy housing. Under the Washington Law Against Discrimination, a disability is broadly defined as the “presence of a sensory, mental, or physical impairment” that:

• Is medically recognized or can be diagnosed by a doctor; or
• Exists as a part of a person’s health care records or health history; or
• Is perceived to exist by a housing provider, even if the disability does not actually exist.

Disabilities include a wide range of physical and mental conditions, including mobility and sensory impairments, mental illness, chronic alcoholism and past drug addiction. Current drug or alcohol use is not covered, but treatment (including medication) for substance use disorder is protected.

Federal law has a narrower definition of disability. It includes physical and mental disabilities that substantially limit one or more major life activities. The following are examples of what might be considered a disability: impairments involving hearing, mobility, or vision, mental illness, developmental conditions and alcoholism or past drug addiction. As with Washington law, treatment (including medication) for a substance use disorder is considered a disability; however, current drug or alcohol use is not.

The definition of disability also covers you if your housing provider incorrectly perceives you as having a disability. For example, a tenant may have HIV that is well-controlled through medication, but their landlord may still consider them disabled because they are HIV-positive. In such circumstances, the HIV-positive tenant cannot be discriminated against based on the perceived disability.

Protections for Tenants Fleeing Domestic Violence, Sexual Assault, Harassment, or Stalking

If you are a victim of domestic violence, sexual assault, harassment or stalking, you may terminate your rental agreement, vacate the premises, and be released from obligations under your rental agreement. However, you need to follow the process laid out in RCW 59.18.575, including providing documentation, notifications, and timelines. Once the rental agreement is successfully terminated, the fleeing tenant is discharged from paying rent following the last day of the month that the rental agreement was terminated. If the landlord seeks reimbursement for damages to the property through the Landlord Mitigation Program, the landlord is prohibited from retaining any portion of the tenant’s damage or security deposit, and the landlord may not retain a deposit in excess of the value of damage to the property.

All other tenants who are parties to the rental agreement are not released from the obligations of the rental agreement, with the exception of household members who are also victim to the reported conduct.

Through the Washington Address Confidentiality Program, survivors of domestic violence, sexual assault, stalking, or trafficking may apply for a substitute mailing address for receiving first class mail. The address will be accepted by Washington state, county, and city government agencies in lieu of a residential address for creating records. Information about the Address Confidentiality Program is available at https://www.sos.wa.gov/statewide-programs/address-confidentiality-program-acp or (800) 822-1065.

Reasonable Accommodations and Reasonable Modifications

Landlords may be required to provide “reasonable accommodations” for tenants with disabilities.

Reasonable accommodations involve an exception from the landlord’s general rule, policy, practice, or service. Tenants with disabilities may request reasonable accommodations that they may need to use their housing and any shared amenities. Examples of an accommodation are: assignment of a parking space close to the tenant’s unit, waiver of a “no pets” rule for a tenant with a guide dog or service animal, or permission for a caretaker to have access to the property. It is typically prohibited for a landlord to charge for a reasonable accommodation.

Reasonable modifications typically involve physical modifications or structural changes to a housing unit. Examples of reasonable modifications include installation of a wheelchair ramp, a flashing doorbell or fire alarm for a tenant with a hearing impairment, a roll-in shower, or a lift that assists a person with a disability in using the toilet. The costs of such modifications usually are borne by the tenant in private housing, and the tenant may be required to restore the property to its original condition when the tenant moves out. Unless a modification would fundamentally alter the housing, a landlord usually may not refuse a needed modification.

Service Animals

Washington landlords may not discriminate against persons with disabilities who use dog guides or other service or assistance animals in housing.

Housing providers are required to provide reasonable accommodations to persons with disabilities who require assistance animals, even if the animal has not been trained to perform a specific task, despite a “no pets” policy and may not apply a charge or “pet fee” for the animal.

Requirements for New Buildings

State and federal laws require certain newer housing units to be designed and built so that they are accessible for persons with disabilities. More specifically, buildings that have an elevator and four or more units, and that were ready for first occupancy after March 31, 1991, must make all of the units and the public and shared common areas accessible to persons with disabilities. For buildings with four or more units that do not have an elevator, these accessibility rules apply only to ground floor units and the public and shared common areas. The accessibility requirements include:

• Accessible route into and through the unit;
• Doors and hallways that are wide enough to permit wheelchairs;
• Accessible light switches, electrical outlets, thermostats and other environmental controls;
• Reinforced bathroom walls to allow later installation of grab bars;
• Kitchens and bathrooms that are large enough to allow wheelchair users to maneuver;
• Accessible parking, mail, trash, and other amenities shared by tenants; and
• An accessible route through the property, including proper curb cuts.

What can you do if someone discriminates against you in housing?

1. File a complaint with the Washington State Human Rights Commission. You must file a discrimination complaint within one year of the date of the alleged violation. Visit: https://wahum.my.site.com/FileaComplaintOnline/s/?language=en_US. You can also contact the Human Rights Commission by phone at (800) 233-3247 or (360) 753-6770.
2. Consult a lawyer. You always have the right to consult a lawyer to talk about your situation, including the possibility of pursuing a private lawsuit to address the discrimination. All lawyers licensed to practice in Washington State are included in the Washington State Bar Association’s Legal Directory, which can be searched from its homepage at www.wsba.org. Additional resources for you to connect with and find an attorney are provided at www.wsba.org/for-the-public/find-legal-help.

Exemptions from Fair Housing Laws

While the housing rights previously discussed apply in most cases, there are exceptions to the housing discrimination provisions in state and federal law.

• Private landlords with three or fewer single-family rentals, and buildings with four or fewer living units if the landlord lives in one unit, are exempted from most fair housing rules as long as the landlord does not engage in discriminatory advertising and does not use a broker or salesperson.
• Public and private educational institutions may separate persons based on sex and may give preference in certain circumstances to persons of a particular sex, or make distinctions based on marital status or families with children status.
• Certain types of housing for older persons may discriminate based on age and families with minor children.
• Certain types of housing operated by religious organizations may be exempt from federal law, but the housing must not be used for a commercial purpose.
• None of the housing discrimination provisions apply to the selection of roommates.

Tenant Rights and Rent Stabilization

In 2025, a rent stabilization law (HB 1217) went into effect in Washington state that limits how much a landlord may increase a tenant’s rent over any 12-month period and requires notice. 

Learn more about tenant rights and landlord responsibilities.

Know your rights under the rent stabilization law.