Key Takeaways
- Fair housing compliance is mandatory in Washington State. Landlords must follow both the federal Fair Housing Act and Washington’s Law Against Discrimination, which includes additional protected classes beyond federal law.
- Washington provides broader tenant protections than federal law. In addition to federally protected classes, Washington prohibits discrimination based on marital status, sexual orientation, gender identity, age, and military or veteran status.
- Discrimination can be subtle and unintentional. Unequal screening standards, biased advertising language, inconsistent lease terms, or failure to provide reasonable accommodations can all result in violations—even without discriminatory intent.
- Consistent policies and documentation reduce risk. Standardized procedures, staff training, careful advertising, reasonable accommodations, and thorough recordkeeping are essential tools for staying compliant and protecting your rental business.
As a rental property owner in Washington State, you have a responsibility to comply with fair housing laws that protect prospective and current tenants from discrimination. Not only is compliance critical to avoid legal penalties, it also strengthens your reputation, reduces risk, and supports fair, professional leasing practices.
Keep on reading this guide by Gregory Property Management to learn more about the Fair Housing Act.
What Are Fair Housing Laws?
At the federal level, the Fair Housing Act (FHA) prohibits housing discrimination in most rental and housing sale activities. This includes the process of advertising, showing units, application screening, lease terms, interactions throughout tenancy, and termination of tenancy. Under the FHA, it is unlawful to treat someone differently because of who they are.
Key protections under the federal law include:
- Race
- Color
- Religion
- Sex
- National Origin
- Familial Status (including families with children and pregnant people)
- Disability
These categories represent federally protected characteristics that every landlord must respect when operating a rental property.
In Washington State, fair housing compliance builds on this federal foundation with additional protected classes under the Washington Law Against Discrimination (WLAD).
Washington’s Expanded Fair Housing Protections
Washington expands on the federal Fair Housing Act, broadening the definition of protected classes. As a rental property owner, you must also avoid discrimination based on the following characteristics:
- Marital Status: Including married, single, separated, divorced, or widowed individuals.
- Sexual Orientation: Protects individuals regardless of heterosexuality, homosexuality, bisexuality, or other sexual orientations.
- Gender Identity: Individuals’ gender identities are protected against discriminatory treatment.
- Age: Certain age categories are protected under state anti-discrimination law.
- Military or Veteran Status: Active duty military members, veterans, and those honorably discharged are included in protected classes.
These additional protections reflect Washington’s commitment to equal housing access for all residents. Importantly, these classes go beyond what the federal Fair Housing Act specifically includes.
What Discrimination Looks Like
Understanding what constitutes discrimination helps prevent costly mistakes. Discrimination doesn’t have to be overt to violate the law. Here are examples of prohibited conduct under the Fair Housing Act and Washington law:
Refusing to Rent Based on Protected Status
- Turning away a rental applicant because they are single, divorced, or married.
- Refusing to lease to someone because of their sexual orientation or gender identity.
- Declining an applicant because they are a veteran or on active military service.
Different Terms or Conditions
- Charging higher rent or higher security deposits based on a person’s age or marital status.
- Offering preferential lease terms to some but not others because of a protected characteristic.
Discriminatory Advertising
- Rental ads that indicate a preference or limitation, such as “No singles” or “Ideal for married couples,” can be unlawful.
- Statements implying that certain groups won’t feel comfortable in your property.
Harassment or Retaliation
- Treating tenants differently by creating hostile environments because of a protected class or in retaliation for exercising fair housing rights.
Even something that seems as simple as a casual comment or preference in advertising can land you in legal trouble if it signals exclusion. A consistent, neutral approach is key.
Practical Compliance Tips for Landlords
Here are actionable steps to help ensure your leasing practices meet federal and state fair housing standards:
1. Standardize Your Processes
Create written policies for:
- Applications and screenings
- Lease terms
- Renewal criteria
- Complaint procedures
Applying the same criteria to everyone reduces subjective decisions that could be discriminatory.
2. Train Staff and Vendors
If you have property managers or assistants, ensure they understand protected classes and what conduct is prohibited. Topics should include fair advertising language, respectful communication, and documentation of decisions.
3. Audit Advertising and Communication
Review all marketing materials and online listings for potentially problematic language. Avoid phrases that could be interpreted as preferring or excluding based on any protected characteristic.
4. Offer Reasonable Accommodations
Under both federal and state law, landlords must provide reasonable accommodations for tenants with disabilities. This could include:
- Installing wheelchair ramps
- Allowing service animals despite “no pets” policies
- Adjusting lease terms when necessary
Failing to accommodate reasonable requests can be just as unlawful as blatant discrimination.
5. Document Decisions
Good documentation protects you if a fair housing complaint ever arises. Keep clear records of:
- Screening criteria
- Reasons for approval or denial
- Communication with applicants and tenants
Documentation is especially important when decisions might be perceived as subjective.
6. Don’t Retaliate
If a tenant files a fair housing complaint or raises a concern, do not punish them with eviction or penalties. Retaliation is prohibited by law.
Enforcement and Consequences
Fair housing complaints can be filed with:
- U.S. Department of Housing and Urban Development (HUD) for federal violations.
- Washington State Human Rights Commission (WSHRC) for state law violations. Enforcement agencies can investigate and impose penalties.
Consequences for violations range from mediation and corrective orders to fines and legal liability. In significant cases, you could be responsible for damages and legal costs if violations are proven.
Why Compliance Matters
Fair housing laws are not merely legal requirements; they shape how landlords do business. Compliant practices:
- Protect your business from lawsuits and fines
- Build trust with tenants and the community
- Create consistent, professional rental operations
- Improve tenant satisfaction and retention
Treating all prospective residents equitably isn’t just the law, it’s good business.
Are There Any Fair Housing Act Exemptions in Washington?
Some limited exemptions exist under federal fair housing law, but they are narrow and often misunderstood. Owner-occupied buildings with four or fewer units may qualify for an exemption in certain situations, as may single-family homes rented without the use of a broker.
Washington’s state rental laws often narrow or eliminate these exemptions, especially when it comes to advertising and protected classes added at the state level. Even when an exemption applies, discriminatory advertising is never allowed. Rental property owners should proceed cautiously, since relying on an exemption incorrectly can still result in legal exposure.
Final Thoughts
Staying compliant with the Fair Housing Act and Washington’s broader anti-discrimination laws is essential for every rental property owner. Washington’s laws extend protections beyond federal requirements to include marital status, sexual orientation, gender identity, age, and military status, and landlords must be mindful of all of these categories.
Fair housing laws in Washington can be complex, especially with added state protections and evolving regulations. Gregory Property Management helps rental property owners apply consistent screening standards, handle tenant interactions professionally, and stay compliant with federal and state housing laws.
If you want peace of mind and a more streamlined rental experience, reach out to discuss how professional property management support can protect your investment.
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.