Experiencing Housing Discrimination in Washington? What Can You Do?

Unmasking Housing Discrimination in Washington: Your Rights and How to Fight Back

Housing discrimination is not just an injustice; it's a violation of fundamental civil rights that impacts individuals and families across Washington State. If you've ever felt unfairly treated when trying to rent, buy, or maintain housing, you are not alone, and crucially, you have powerful legal protections. This article will equip you with the knowledge and actionable steps to confront housing discrimination, understand your rights, and seek justice in Washington.

Understanding Your Protections: Federal and Washington State Law

While federal law provides a baseline of protection, Washington State law goes significantly further, offering broader coverage against discrimination.

Federal Fair Housing Act (FHA)

The FHA, a landmark civil rights law passed in 1968, prohibits discrimination in housing based on seven protected classes:

• 👤 Race
• 🎨 Color
• 🌍 National Origin
• ♀️ Sex (includes gender identity and sexual orientation as per recent interpretations)
• ⛪ Religion
• 👨‍👩‍👧 Familial Status (presence of children under 18, pregnancy, or securing custody of children)
• ♿ Disability

This means a landlord, seller, or lender cannot deny you housing, offer different terms, or make housing unavailable to you because you belong to one of these groups.

Washington Law Against Discrimination (WLAD) – RCW 49.60

Washington State's WLAD offers robust protections that extend beyond the federal scope. In Washington, it is illegal to discriminate in housing based on:

• 👤 Race
• 🎨 Color
• 🌍 National Origin
• ♀️ Sex (including pregnancy, childbirth, and sex stereotyping, gender identity, and sexual orientation)
• 🏳️‍🌈 Sexual Orientation (includes gender expression or identity)
• 👨‍👩‍👧 Familial Status
• ♿ Disability
• 🎖️ Honorably Discharged Veteran or Military Status
• 💒 Marital Status
• 📜 Creed
• 💰 Source of Income (as of July 2023, this is a statewide protection, meaning landlords generally cannot refuse to rent based on your lawful source of income, such as housing vouchers, social security, or disability benefits)
• 🧐 Any Arbitrary Reason (this is a unique and powerful protection in Washington, prohibiting discrimination for reasons not otherwise specified, as long as the reason is not legitimate and business-related)

This broader list means more people are protected in Washington, and the "arbitrary reason" clause can catch discriminatory acts that might not fit neatly into other categories.

What Housing Discrimination Looks Like: Common Scenarios

Discrimination isn't always overt. It can manifest in subtle ways. Here are some typical scenarios, reflecting real legal principles in Washington:

Hypothetical Case 1: The Emotional Support Animal

Sarah, who lives with an anxiety disorder, applies to rent an apartment in Seattle. The landlord has a strict "no pets" policy. Sarah provides documentation from her therapist that her dog, Max, is an emotional support animal necessary for her mental health. The landlord refuses, stating "no pets means no pets, no exceptions."

• ♿ Discrimination: This is likely discrimination based on disability. Both federal and Washington state law require landlords to make reasonable accommodations for individuals with disabilities, which includes allowing emotional support animals, even in "no pets" buildings, if medically necessary.
• 🛡️ Legal Principle: Reasonable Accommodation. The landlord must modify rules, policies, practices, or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling, unless it would cause an undue burden or fundamental alteration of the program.

Hypothetical Case 2: The Housing Voucher Holder

David, a veteran in Spokane, relies on a Section 8 housing voucher to pay for his rent. He finds a suitable apartment and submits his application. The landlord, upon learning he has a Section 8 voucher, tells him, "We don't accept those here, we prefer tenants who pay market rent directly."

• 💰 Discrimination: This is a clear case of source of income discrimination. As of July 2023, Washington state law prohibits landlords from refusing to rent to tenants based on their lawful source of income, including housing vouchers.
• 🛡️ Legal Principle: Source of Income Protection. Landlords must treat all lawful sources of income equally.

Hypothetical Case 3: "Adults Only" Policies

Maria and Javier, a young couple with a toddler, are searching for a new home in Vancouver. They inquire about a townhouse and are told by the landlord, "We're really looking for a quieter, adults-only environment here. It's not suitable for children."

• 👨‍👩‍👧 Discrimination: This is discrimination based on familial status. Landlords cannot deny housing or make it unavailable to families with children, nor can they impose different terms or conditions (e.g., restricting children's access to certain amenities, or imposing excessive rules just for children) unless the property is legally designated as housing for older persons.
• 🛡️ Legal Principle: Familial Status Protection.

Hypothetical Case 4: The Arbitrary Denial

Li Wei, a recent immigrant, applies for an apartment in Bellevue. She has a good credit score, stable employment, and excellent references. The landlord reviews her application but then tells her, "We've decided to go with another applicant. We just didn't feel like you'd be a good fit." Li Wei later learns the apartment was rented to a Caucasian applicant with similar qualifications.

• 🧐 Discrimination: While there's no explicit statement, the vagueness of the denial, combined with the fact that Li Wei belongs to a protected class (national origin/race), could suggest discrimination. In Washington, this could fall under "arbitrary reason" if the true reason for denial was not a legitimate business reason but rather a discriminatory preference.
• 🛡️ Legal Principle: Arbitrary Reason and Disparate Treatment. Even if not explicitly racist, denying housing for a non-legitimate, non-business reason to someone from a protected class can be discriminatory.

Steps to Take When You Suspect Housing Discrimination

If you believe you've experienced housing discrimination, taking immediate and systematic action is crucial:

1. Document Everything: This is your most powerful tool.
   • 📝 Keep detailed notes of dates, times, names of individuals involved, and specific statements or actions that felt discriminatory.
   • 📧 Save all communications: emails, text messages, voicemails.
   • 📸 Take photos or videos if relevant (e.g., discriminatory signage).
   • 🗣️ If possible, have a witness present during interactions, or ask them to document what they observe.
2. Gather Supporting Evidence:
   • 📄 Keep copies of your application, lease agreements, denial letters, and any relevant advertising.
   • 💸 Document any financial losses incurred due to the discrimination (e.g., extra hotel costs, higher rent elsewhere).
3. Do Not Delay: Key deadlines apply, and evidence can become harder to obtain or recall over time.
4. Consult with a Civil Rights Attorney:
   • 🧑‍⚖️ An attorney specializing in civil rights and fair housing can assess the merits of your case, explain your options, and guide you through the complex legal process.
   • Many attorneys work on a contingency basis, meaning you don't pay upfront fees unless they win your case.
5. File a Complaint with an Administrative Agency:
   • 🏛️ Washington State Human Rights Commission (WSHRC): This state agency investigates complaints of discrimination in Washington. You typically have one year from the date of the discriminatory act to file a complaint.
   • 🏢 U.S. Department of Housing and Urban Development (HUD): HUD enforces the federal Fair Housing Act. You also generally have one year from the date of the discriminatory act to file a complaint with HUD.

   These agencies can investigate, mediate, and potentially resolve your complaint without the need for a direct lawsuit. An attorney can help you navigate which agency is best for your specific case and assist with the filing process.

6. Consider a Direct Lawsuit:
   • ⚖️ While administrative complaints are valuable, you can also file a lawsuit directly in state or federal court.
   • For claims under Washington's WLAD, the statute of limitations is generally three years from the discriminatory act.
   • This path often leads to more comprehensive remedies but is typically pursued with the guidance of an attorney.

Common Mistakes to Avoid

• ⏰ Delaying Action: Every day counts. Evidence can disappear, and memories fade. Crucially, strict legal deadlines (statutes of limitations) exist.
• 🚫 Lack of Documentation: Without clear records, it becomes a "he said, she said" situation, which is challenging to prove.
• 😠 Confronting the Discriminator Without Counsel: While understandable to feel angry, confronting the individual or entity directly without legal advice can inadvertently harm your case or make them more defensive.
• 🤔 Assuming Your Case Isn't Strong Enough: What may seem minor to you could be a clear violation of fair housing laws. Always consult an attorney.
• 🙅‍♀️ Giving Up Too Soon: The process can be frustrating, but persistence with legal guidance can lead to justice.

Key Deadlines (Statute of Limitations)

These deadlines are critical. Missing them can mean losing your right to pursue a claim.

• 🗓️ WSHRC Complaint: One year from the date of the discriminatory act.
• 🗓️ HUD Complaint: One year from the date of the discriminatory act.
• 🗓️ Direct Lawsuit (WLAD): Generally three years from the date of the discriminatory act in Washington state court.
• 🗓️ Direct Lawsuit (FHA): Generally two years from the discriminatory act in federal court, regardless of whether an administrative complaint has been filed.

These timelines can be complex, especially if the discrimination is ongoing. Always seek legal advice to confirm your specific deadline.

Potential Compensation and Remedies

If you succeed in a housing discrimination claim, various forms of relief may be available:

• 💰 Actual (Economic) Damages: Compensation for direct financial losses, such as higher rent paid, application fees, moving expenses, or lost wages due to the discrimination.
• 💔 Emotional Distress (Non-Economic) Damages: Compensation for the pain, suffering, humiliation, and mental anguish caused by the discrimination. These can range from a few thousand dollars for minor inconveniences to tens of thousands, or even hundreds of thousands, for severe and prolonged emotional harm. For instance, settlements for significant emotional distress in Washington have often been in the range of $20,000 to $100,000+, with jury awards potentially exceeding this in egregious cases.
• punitive_damages Punitive Damages: In federal cases, if the discriminator's conduct was malicious or reckless, punitive damages may be awarded to punish the wrongdoer and deter others.
• 🛑 Injunctive Relief: An order from the court requiring the discriminator to stop their illegal practices, rent or sell the property to you, or make the required reasonable accommodations/modifications.
• 🧑‍⚖️ Attorneys' Fees and Costs: In many successful fair housing cases under both federal and Washington state law, the court can order the discriminator to pay your reasonable attorneys' fees and litigation costs. This is a crucial provision that makes it possible for victims to pursue justice even if they cannot afford a lawyer upfront.

Compensation varies greatly depending on the severity of the discrimination, the extent of harm suffered, and the specific facts of each case. It is not uncommon for housing discrimination settlements or awards in Washington to range from $5,000 to $100,000+, with complex or egregious cases reaching higher figures.

Legal Warnings and Risks

• ⚖️ Burden of Proof: The responsibility to prove that discrimination occurred rests with the complainant. This requires compelling evidence.
• 🤝 Retaliation is Illegal: It is illegal for a landlord, seller, or any party to retaliate against you for exercising your fair housing rights or for assisting in an investigation. If you experience retaliation, document it immediately and report it.
• 🕒 Litigation Can Be Lengthy: Legal cases can take time, sometimes years, to resolve. Be prepared for a potentially long process.
• 💰 Cost of Litigation: While attorneys' fees may be recoverable, be aware that there might be upfront costs for filing fees, depositions, and expert witnesses, though many civil rights attorneys work on contingency.

Housing discrimination is a serious matter, but you don't have to face it alone. Washington State offers strong protections, and legal avenues exist to ensure your right to fair housing. If you suspect you've been a victim, empower yourself with knowledge and seek professional legal guidance promptly.

Disclaimer: This article provides general information and is not intended as legal advice. The law is complex and constantly evolving, and its application varies depending on specific facts and circumstances. Consulting with a qualified attorney is essential for advice tailored to your individual situation. Reliance on information in this article does not create an attorney-client relationship.