Chapter One

Fair Housing Basics

Section A: 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 cae about, with the passage of the federal !air "ousing
Act # Title $III of the Civil Rights Act of 1%68, which added color, national origin,
religion and se&. The !air "ousing Act represented the culination of years of
congressional consideration of housing discriination legislation. Its legislative
history spanned the urban riots of 1%6', the release of the Report of the (ational
Advisory Coission on Civil )isorders *the +erner Coission Report, which
concluded that Aerica was oving toward two societies, separate and une,ual-,
and the assassination of )r. .artin /uther +ing, 0r.
In 1%88, 1resident Reagan signed the !air "ousing Aendents Act, adding two
ore protected classes *failies with children and people with disabilities-,
strengthening the adinistrative and 2udicial enforceent process for 3.4.
)epartent of "ousing and 3rban )evelopent *"3)- coplaints, and providing
onetary penalties in cases where housing discriination is found to have occurred.
Section B: Fair Housing Laws
1. What fair housing laws apply in Washington state and who enforces them?
The federal !air "ousing Act and its 1%88 aendents *!"A- protect people fro
negative housing actions that occur because of their race, color, national origin,
religion, se&, disability, or faily status, which are 5protected classes6 under the !"A.
4tate and local fair housing laws cover additional groups, such as arital status,
se&ual orientation, gender identity, age, participation in the 4ection 8 1rogra, etc.
"3) enforces the !"A. The 7ashington 4tate "uan Rights Coission
*74"RC- enforces the 7ashington /aw Against )iscriination, RC7 8%.69. Three
local agencies enforce fair housing ordinances # +ing County :ffice of Civil Rights
*:CR-, 4eattle :ffice for Civil Rights *4:CR-, and the Tacoa "uan Rights and
"uan 4ervices )epartent *T"R-. The state and local laws are considered
5substantially e,uivalent6 to the !"A, and "3) contracts with these agencies to
handle ost fair housing investigations in 7ashington.
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2. Which laws apply to our property?
The !air "ousing Act and the state fair housing law cover ost housing rental
properties. 74"RC has 2urisdiction over housing anywhere in the state of
7ashington. If a property is located in unincorporated +ing County, :CR has
2urisdiction. 4:CR and T"R handle coplaints within the city liits of 4eattle and
Tacoa. The City of ;ellevue Code Copliance office investigates 4ection 8 cases
in that city *74"RC handles all other fair housing cases in ;ellevue-. Appendi& A
lists the fair housing agencies and their contact inforation.
.ost types of housing properties are covered # leased or rented apartents< houses
or condoinius that are sold, leased or rented< rooing houses< cooperatives<
teporary shelters< obile hoe par=s< rooate situations *e&cept a renter can
specify a rooate>s se&-< construction sites< and even epty lots. If uncertain
whether a property is covered, contact any local fair housing agency. 4ee the
?lossary in Appendi& ) for a list of e&eptions.
3. What housing actions are prohibited by fair housing laws?
!air housing laws prohibit the following housing actions@
Refusing to rent to soeone or telling soeone that a rental is not available even
though it is, because of his or her protected class.
)iscriinating in the ters and conditions of rental because of a resident>s
protected class. AB&aples@ 4ending violation notices to an Asian resident who
brea=s a rule, but not to a Caucasian resident who brea=s the sae rule.
Charging additional deposits to failies with children or to wheelchair users.
Allowing Russian residents but not 4audis to use the counity center.C
.a=ing, printing or publishing a notice, stateent, or advertiseent that indicates
any preference, liitation, or discriination based on a protected class.
AB&aples@ (ewspaper ad states 5Apartent available for single person.
Christians preferred.6 .anager tells a $ietnaese applicant he>d be ore
cofortable in another counity that has people li=e hi.C
!ailing to provide reasonable accoodations to a person with a disability,
refusing to allow a disabled resident to a=e reasonable odifications, or failing
to eet access re,uireents. AB&aples@ Refusing to let a blind resident live
with a guide dog. (ot peritting a disabled person to install bathroo grab bars.C
Bnforcing 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 discriinatory eans of
achieving the sae result. AB&aple@ .anageent has a rule that applicants
ust have an incoe of at least three ties the onthly rent. ;ecause people
with 4ection 8 vouchers are low incoe, virtually all voucher holders would be
denied tenancy under such a rule. It ay be appropriate to apply a different
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standard # for e&aple, to re,uire 4ection 8 applicants have an incoe three
ties their portion of the rent, (ote that 4ection 8 progra participation is a
protected class in 4eattle, ;ellevue and unincorporated +ing County.C
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. AB&aples@
Refusing to a=e repairs or not a=ing the proptly because a resident filed a
fair housing coplaint. Bvicting a resident because he was a witness in a civil
rights investigation.C This applies for inforal verbal coplaints as well as foral
discriination cases filed with a civil rights agency.
Bven though the original allegation ight turn out to be unfounded, if a housing
provider ta=es retaliatory action, a retaliation coplaint can be supported.
AB&aple@ A resident coplains of racial harassent. A wee= later, the anager
issues her a par=ing violation notice, but does not give notices to other residents
for the sae offense. The resident files a coplaint. The civil rights office finds
no evidence of harassent< however, the investigation shows that the anager
retaliated against the resident for the harassent coplaint by issuing the par=ing
notice.C
4. Who can file a fair housing complaint?
Anyone who has been hared by a housing action ay file a coplaint. !air
housing laws also protect anyone who is hared because of association with guests,
relatives, friends, rooates, subtenants or others in any of the protected
categories. AB&aple@ A housing provider treats a resident badly because he has
.e&ican guests. The resident and the guests could file coplaints.C
!air housing advocacy organiDations that spend resources substantiating fair housing
violations also ay file coplaints. Bnforceent agencies have the authority to file a
coplaint without a coplaining party when a situation erits such an action.
AB&aple@ Rando testing shows a fair housing violation.C
5. How long does a person have to file a fair housing complaint?
?enerally, a person ust file a fair housing coplaint within one year of the harful
housing action *or within 189 days under City of 4eattle fair housing law-. It is
iportant to =eep applications, resident files and other housingErelated records on file
for a long enough period to be able to respond to housing coplaints andFor lawsuits.
. Who may be held responsible for fair housing violations?
!air housing coplaints generally nae all parties related to the property, including
the property owner, property anageent copany, individual property
anageent staff, housing developers and contractors, advertising edia, screening
copanies, housing authorities, condoiniu associationsFboards, hoeowner
associations, obile hoe par= anageent, and in soe cases, other residents.
Bach party naed in a coplaint has a responsibility to respond to the allegations, to
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produce docuentation, and to a=e theselves available for interviews.
!. What is the relationship between fair housing laws and the state landlord"
tenant laws?
!air housing issues often overlap with re,uireents of the state>s Residential
/andlordETenant Act *R/TA, RC7 G%.18- and the .anufacturedF.obile "oe
/andlordETenant Act *."/TA, RC7 G%.H9-. /andlordEtenant laws cover rental
agreeents and leases< deposits and other fees< landlord and tenant responsibilities<
a landlord>s access to the rental< repairs< oving out and return of deposits<
evictions< etc. The definition of retaliation under landlordEtenant laws is different fro
the fair housing law definition.
!air housing agencies do not investigate violations of the landlordEtenant laws<
however, they investigate inconsistent application of tenancy rules based on
protected class. AB&aple@ A fair housing agency won>t investigate a situation where
a deposit is not returned *a landlordEtenant issue-. The agency will investigate an
allegation that an African Aerican faily>s deposit is withheld for carpet daage,
when a Caucasian resident>s deposit is returned despite siilar daage.C
#. We $ust received a civil rights complaint. What happens now?
.ost housing coplaints are filed both with "3) and with the state or local fair
housing agency with 2urisdiction over the property. ;oth agencies send paperwor=,
and the state or local agency conducts the investigation.
!air housing agencies follow siilar procedures for investigating coplaints. The
Respondents are re,uired to respond to the coplaint within a brief tie. !air
housing agencies attept conciliation within I9 days, and offer opportunities to
resolve the case throughout the investigation. These agencies use a ediationEstyle
dispute resolution process to attept a voluntary settleent of cases.
The enforceent agencies are neutral factEfinders. They gather and evaluate
docuentation, interview relevant witnesses, conduct onEsite visits, etc. The resident
and housing provider*s- have an opportunity to respond to each other>s positions, the
aterial and relevant evidence available to the agency is reviewed, and then the
agency a=es a final written report.
If an investigation finds insufficient evidence to support the issues, the case is closed
with a 5no cause6 finding. The coplaining party ay appeal or re,uest a
reconsideration, and the respondent has an opportunity to respond to the appeal.
If there is sufficient evidence to support the allegations, a 5reasonable cause6 finding
is issued, the agency assists the parties in conciliating the atter, and the parties
sign a settleent agreeent. If the parties do not settle, the case is usually referred
to the agency>s legal departent *state cases are referred to the Attorney ?eneral>s
office-, and there is an adinistrative process or a hearing.
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Chapter Two
Filling Your Vacancies
Section A: Adertising
%. What advertising is covered under fair housing laws?
!air housing laws prohibit a=ing, printing or publishing any notice, stateent, or
advertiseent that indicates any preference, liitation, or discriination based on a
protected class.
!air housing laws cover all types of stateents, advertising or ar=eting used in the
rental process, including a brochure, an ad in a newspaper, on the radio, in
agaDines, on television, on the Internet, a little note at the neighborhood
laundroat, a vacancy sign in the window, and wordEofEouth.
These laws prohibit a=ing any verbal stateent indicating a preference or liiting
housing based on soeone>s protected class. AB&aple@ A anager cannot tell a
faily with children that they>d prefer a rental counity with a playground.C
1&. Who is responsible for nondiscriminatory advertising?
There are no e&eptions to the fair housing advertising guidelines. Bveryone
involved in the advertising process is responsible for ensuring that no stateents or
notices show preference for or liitation against any protected class. The prohibition
against discriinatory advertising applies to all housing transactions, including
singleEfaily and ownerEoccupied housing that is otherwise e&ept fro the !"A.
Bnsure that everyone involved in advertising rentals is aware of the
nondiscriinatory advertising re,uireents. Infor the onEsite leasing agents, offE
site property anageent copany, and any advertising edia that they should
follow nondiscriinatory advertising standards. If an advertising service posts
available rentals at their storefront location or on the Internet, a=e sure that they
use no discriinatory stateents.
To e&pand ar=eting options, consider advertising sources such as inority
newspapers, social services agencies and organiDations for people with disabilities.
/ocal fair housing agencies ay be able to refer you to soe of these resources.
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11. What are the re'uirements for using fair housing logos and posters?
3sing the fair housing logo is a great way to show a coitent to
fair housing. .any housing providers use the B,ual "ousing
:pportunity logo in their ads and on their written aterials to show
that they do business in copliance with fair housing laws. The logo
graphic *saple at right- is available in various siDes online at
www.hud.govFlibraryFboo=shelf1GFhudgraphicsFfheologo.cf.
"3) re,uires that owners and anagers display a fair housing poster with this logo
at rental offices. This applies to rentals covered by the federal !air "ousing Act, and
to dwellings rented through a real estate bro=erFagent. *see H8 C!R 199-
The 4eattle .unicipal Code re,uires residential property anagers and real estate
professionals within the city liits to proinently display a letterEsiDed fair housing
poster in their place of business. !ailure to display the poster can result in fines.
!ree color posters with this logo are available fro the fair housing agencies for each
2urisdiction *also available on their 7eb sites-. 1ost the in the rental office and in
coon areas to alert applicants and residents that fair housing is valued at the
counity.
12. What can our advertising say?
The language used to advertise can pose fair housing probles. Avoid using words
or phrases that show a preference or discourage anyone because of protected class.
AB&aples@ )on>t use phrases such as 5Christians only6 or 5perfect for ature
professionals6.C
There is less of a ris= of a fair housing coplaint if an ad describes the property and
its desirable features *siDe, location, price, aenities-, rather than soe target
audience.
13. (an we affirmatively mar)et to any protected class?
!air housing laws perit ar=eting for certain protected classes. It>s o=ay to
advertise #
that rentals are accessible for people with disabilities
that failies are welcoe, or ephasiDing aenities such as a playground
that those who participate in the 4ection 8 progra are welcoe
that this is a ":1A property for seniors, if the property eets ":1A re,uireents
*see Chapter 6-
Indicating that these groups are welcoe in a counity does not deny any other
protected class the opportunity to apply for housing.

14. What about ads with human models or drawings?

Avoid using pictures or iages that show a preference or discourage anyone
because of protected class. AB&aple@ )on>t use a series of newspaper ads
publiciDing vacancies using only young white odels.C !or advertising with
photographs or drawings of people, portray a variety of individuals who reflect the
population as a whole@ en, woen, children, people with disabilities, and people of
various races and ages.
Section B: Application and Screening
15. How do fair housing laws affect application and screening?
"ousing providers have the right to deterine if an applicant has the incoe and
rental history necessary to be a good tenant. ;e certain to screen applicants in a
anner that coplies with fair housing laws.
It is best to have clear criteria for rental of a dwelling that does not ta=e into account
an applicant>s protected class. Bnsure that all eployees involved in the rental
process are failiar with and follow each policy consistently with all applicants. The
screening agency should also be aware of fair housing re,uireents.
Although consistency is iportant, soe applicants ay re,uire special
consideration@
1eople with disabilities ay need reasonable accoodations during the
application and screening process.
It>s o=ay to refuse rental to individuals who have a history of criinal convictions.
(ew iigrants to the 3.4. can present challenging screening issues. 4ee
Appendi& ; for a list of effective alternative docuents that help deterine
whether these applicants eet rental criteria.
1. *f several applicants want the same rental+ can we choose who we thin) is
best+ based on our e,perience?
7hile e&perience is invaluable, be careful not to ta=e possible discriinatory actions
based on unconscious biases. 4oe applicants loo= o=ay, then turn out to be bad
residents< a housing provider wor=ing on assuptions ay not =now that until after
they sign a lease. A fair screening process that is applied e,ually to all applicants
will get results that are ore consistent *and result in fewer fair housing coplaints-.
If several applicants are interested in the sae rental, it>s best to screen the on a
firstEcoe, firstEserved basis, using ob2ective criteria, then offer the rental to the first
,ualified applicant. It helps to date and tieEstap applications. 1reEprinted
docuents help to ensure that consistent inforation is gathered.
!
1!. *f we feel an applicant won-t be a good resident+ can we say that a rental is
not available when it actually is?
It is a violation of fair housing laws to state that a rental is not available when it
actually is. It is best to rely on an ob2ective screening process, not assuptions, to
deterine if applicants eet your criteria. !air housing coplaints are ore easily
avoided when applicants receive clear and consistent inforation about all housing
options, including waiting lists.
Bver heard of the 54ecret 4hopper6 progra, where soeone visits rental
counities to observe custoer serviceJ !air housing agencies use a siilar
testing process to assess a specific coplaint or to chec= a rando ar=et for fair
housing copliance. Any applicant could be a fair housing testerK
1#. .o we have to respond to all rental in'uiries?
!ro a business standpoint, it a=es sense to respond to all in,uiries # that person
as=ing about rental could a=e a terrific residentK Rental in,uiries coe in any
fors # wal=Eins, telephone calls, eEails, online in,uiries. "ere are soe tips@
//0 1elay 2ervice 3 1eople who are deaf, hard of hearing, or have speech
disabilities ay a=e telephone contact via the state>s Relay 4ervice. It is a
reasonable accoodation to counicate with the by using the Relay
4ervice. Anyone can a=e phone calls through the 4ervice # 2ust dial '11. !or
ore inforation, see www.etro=c.govFdiasFocreFrelay.ht,
www.washingtonrelay.co, and www.etro=c.govFdiasFocreFdeaftips.ht.
4inguistic 5rofiling 3 3nder fair housing laws, it is not legal to consider an
applicant>s race, national origin or ancestry when a=ing rental decisions.
4oeties an applicant suspects that an accent was the reason for not getting a
callEbac=, for being told no rental was available, or for being given inial rental
inforation. Although soe people clai they didn>t =now a caller>s race,
research shows that ost people can deterine race 2ust by hearing a caller>s
voice. These studies indicate that 5linguistic profiling6 occurs when people use
speech characteristics or dialect to identify a spea=erLs race, national origin,
ancestry or religion. It would be discriinatory not to call bac=, to lie about rental
availability, or to withhold rental inforation because of a caller>s perceived race,
national origin, ancestry, religion or other protected class.
6ame .iscrimination 3 This happens when a housing provider ta=es a negative
rental action based on naes alone. A recent housing study showed that ore
than half of the tie, housing providers did not respond or responded negatively
to an eEail fro soeone with a 5blac=6 sounding nae, and oneEthird failed to
respond positively to an eEail fro a person with an ArabEsounding nae. The
study>s authors noted that 5naes ay disclose our religious affiliation, se&,
social position, ethnic bac=ground, tribal affiliation and even age.6 It would violate
fair housing laws to refuse rental because of the perceived national origin, religion
or race of an applicant>s nae.
#
1%. *s it legal to re'uest to see photo *. from applicants?
4oe housing providers re,uest identification fro applicants for safety reasons or
to verify identity. This is o=ay as long as the re,uest is not based on an applicant>s
protected class. AB&aple@ Re,uire I) fro all applicants, not 2ust fro "ispanics.C
;e aware that re,uiring a specific for of photo I), such as a driverLs license, ay
have a disproportionately adverse effect on ebers of certain protected classes,
since soe people with disabilities or people fro other countries ay not have
driverLs licenses *but they ay have other photo I)s-.
2&. (an we conduct separate credit chec)s for each adult applicant?
If a housing provider has a policy of running a 2oint credit chec= for arried couples,
it is o=ay to as= unarried couples to file separate applications and to undergo
separate credit chec=s, because they do not have the 5counity property6 status of
a arried couple.
In the City of 4eattle and in unincorporated +ing County, where 5arital status6
includes 5cohabiting,6 anageent should treat an unarried couple siilarly to
arried couples once they becoe residents.
4oe people, including gay or lesbian couples and heterose&ual couples where one
person is 6H or older, have registered as doestic partners with the 4ecretary of
4tate. Regardless of their registration status, they can also be charged separate
credit chec= fees.
21. What if someone who doesn-t spea) 7nglish applies for a rental?
1eople with liited Bnglish proficiency or a heavy accent are covered under the
national origin or ancestry protections of fair housing laws. An applicant cannot be
turned away because of an accent or because counication is a bit challenging.
.a=e reasonable efforts to lead these applicants through the noral rental
procedures in Bnglish.
"ousing providers are not e&pected to translate their prootional aterials,
applications, or rental agreeents to eet the language needs of all applicants.
"owever, fro a ar=eting standpoint, it ay a=e business sense to translate
soe basic fors for a property that is in a counity with any foreign language
spea=ers. AB&aple@ Translate application, lease and rules into 4panish.C
!ederally funded properties ay be re,uired to provide certain rental docuents in
foreign languages under "3)>s /iited Bnglish 1roficiency regulations. 4ee "3)>s
5?uidance to !ederal !inancial Assistance Recipients Regarding Title $I 1rohibition
Against (ational :rigin )iscriination Affecting /iited Bnglish 1roficient 1ersons6
online at
www.hud.govFofficesFfheoFprootingfhF!ederalRegistepublishedguidance.pdf.
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22. (an we verify that someone is legally in the 8.2.?
Bployers are held responsible if they hire soeone who ay not legally wor= in the
3.4., but housing providers have no siilar responsibilities in our state, and are not
held accountable if any of their residents are in the 3.4. without status.
)on>t as= an applicant for proof of legal status 2ust because he or she has an accent,
spea=s Bnglish poorly, or 2ust 5loo=s foreign6 # that ris=s a fair housing coplaint
based on national origin or ancestry. 3nder fair housing laws, as=ing applicants if
they are in the country legally is only acceptable if every applicant is as=ed for proof
of legal residency. AB&aple@ It is discriinatory for a anager to as= an ArabicE
loo=ing applicant for legal status, but not to as= all other applicants.C
23. What if an applicant is a recent immigrant with no social security number+
and with little or no employment or rental history in the 8.2.?
.any housing providers use screening criteria that depend on inforation such as a
social security nuber, past eployent and rental history. Alternative docuents
are available to deterine if a recent iigrant is able to pay the rent and follow the
rules. Appendi& ; contains a list of docuents that will assist in deterining an
applicant>s identity, rental history, and credit history or ability to pay rent.
24. *s it o)ay to offer rental 9specials9 to increase applications?
This is a coon ar=eting practice. 3nfortunately, soeties a prospective renter
ay note differences in specials that see related to protected class, and that can
lead to fair housing coplaints. "ere is how to iniiDe this ris=@
1ut all special offers in writing and ensure that all staff are aware of the.
.a=e certain all applicants hear about every rental special.
)ocuent all e&ceptions ade to regular rental rates. If two residents are
charged different rates for apparently identical rentals, note why.
!ederal and state fair housing laws allow senior discounts so long as they are
based solely on age, are available to failies with children, and are not otherwise
handled in a way that results in the e&clusion of failies with children. "owever,
age discriination is illegal under the 4eattle, Tacoa, and +ing County fair
housing ordinances # including the offer of lower rent to a preferred age group. If
the intent is to increase the nuber of good residents, then a rebate could be
offered to those who pay proptly and incur no rule violations within their first
year of rental.
25. (an we refuse applicants because of their criminal history?
"aving a criinal record is not a protected class under fair housing laws. "ousing
providers can establish screening criteria that re2ects applicants with criinal records.
1&
"owever, do not confuse arrests with convictions. 1atterns of arrest have been
viewed as discriinatory against soe protected classes, so arrest records are li=ely
inappropriate to use as a screening criteria.
It is discriinatory to perfor criinal bac=ground chec=s only on certain applicants,
or to distinguish between applicants with criinal records based on protected class.
AB&aples@ A anager should not conduct criinal chec=s only on African Aerican
ales. :r a landlord cannot accept a feale applicant with an assault conviction,
and re2ect ale applicants with siilar convictions.C The =ey is to ensure that the
process is fair, and neither directly nor indirectly discriinates based on any
protected class.
2. How do fair housing laws affect income and employment re'uirements?
"ousing providers can use incoe and eployent re,uireents as long as they
apply the consistently, without regard to an applicant>s protected class. "ere are
soe issues to consider@
!or 4ection 8 progra participants, "ousing Authorities have already ade a
deterination that the resident can afford their portion of the rent. The housing
subsidy is a echanis for ensuring that a lowEincoe faily can afford a rental
in the private ar=et. !or those who use incoe screening criteria *such as
5incoe ust e,ual three ties the rent6-, calculate only the 4ection 8
participant>s portion of the rent.
.ost credit decisions utiliDe gross incoe as the basis for calculating the incoe
to housing cost ratio. 5?ross up6 nonEta&ed incoe such as social security.
AB&aple@ Calculate the fi&ed incoe of a person with a disability to reflect the
ta&able incoe a nondisabled person would have to earn to net the sae
aount.C
Re,uiring that a person>s incoe be garnishable could be a violation of fair
housing laws, especially for people on social security disability incoe. As a
reasonable accoodation, waive a garnishable incoe re,uireent for social
security disability incoe.
As a reasonable accoodation, an applicant with a disability ay as= to use a
coEsigner or third party payee.
Consider aggregating the incoe of all household ebers to calculate the ratio.
To calculate incoe, include verifiable eployent, public assistance, social
security, retireentFpension, assetFinterest incoe, child support, adoption
assistance, foster child support, food staps, veteran>s benefits, student
eployent, and other types of cash incoe.
Incoe stability ay be as relevant as eployent history. +eep in ind that a
re,uireent that applicants have eployent could have a discriinatory effect
on certain protected classes, such as people with disabilities or failies with
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children.
Chapter Three
!olicies and "ules
Section A: Tenancy !olicies and "ules
2!. What do we need to )now about setting policies and enforcing tenancy
rules+ from a fair housing perspective?
!air housing laws re,uire that policies and rules do not single out residents based on
their protected class. Rules should not be enforced differently because of a
resident>s protected class. To iniiDe the ris= of violating fair housing laws, review
each policy for protected class language.
?ood business practices often are good fair housing practices, too. 1ut rules and
policies in writing to ensure that all residents are aware of the. Apply the rules and
policies e,ually, regardless of a residentLs protected class. Treat residents siilarly
when they don>t follow rules. !inally, =eep thorough written records of all actions
ta=en when enforcing resident rules and regulations.
!air housing laws do not prevent a housing provider fro warning residents who
brea= the rules, disturb others, create a nuisance, or do not pay rent. !air housing
laws siply re,uire that a resident>s protected class doesn>t enter into the e,uation.
2#. What policies or rules will help us comply with fair housing laws?
.ost rental housing counities have general tenancy rules that outline e&pected
actions and behaviors, such as a=ing tiely payents, observing ,uiet hours,
par=ing in assigned spaces, etc. Review these rules or policies to a=e certain they
do not target any protected class group. AB&aple@ )on>t state 5children cannot ride
bi=es in the par=ing lot6 # instead, say 5bicycle riding is not allowed in the par=ing
lot6.C If in doubt about whether written policies and rules coply with fair housing
laws, as= a fair housing agency to review the and suggest rephrasing if necessary.
.any housing counities have begun adopting antiharassent and
antidiscriination policies. ;e certain any such policy includes ention of all the
protected classes of individuals for the area where the rental housing is located. 4ee
Appendi& A for a coplete list of protected classes.
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The !air "ousing 1artners of 7ashington have developed a nuber of helpful
5saple policies6 for housing providers to adopt or adapt for their own use@
Tenant on Tenant "arassent, www.etro=c.govFdiasFocreFTT.pdf
Reasonable Accoodations for 1eople with )isabilities,
www.etro=c.govFdiasFocreFRA.pdf
4ervice Anials, www.etro=c.govFdiasFocreF4A.pdf
Another useful tool is the )isability Access Resources for "ousing 1roviders
guideboo=, www.etro=c.govFdiasFocreFdisability.pdf
2%. :ne of our residents is a good friend+ so we let her pay her rent late. Will
that get us into trouble?
?iving a friend ore favorable treatent ay leave anageent vulnerable to
accusations of discriination. 1laying favorites ay cause other residents to feel
that the different treatent is based on their protected class. AB&aple@ A resident
gets a MH9 rent increase but other residents get no increase that onth. The reason
is that anageent is increasing rent for all residents at the end of their lease ters,
but haven>t counicated this to the residents.C
3&. (an we establish rules that prohibit smo)ing+ coo)ing of certain foods+ or
ma)ing other unpleasant smells?
;eing a so=er is not a protected class under fair housing laws, so housing
providers can set and enforce any rules they li=e about so=ing *including having noE
so=ing buildings or noEso=ing areas-.
In any rental counities, the aroas of the residents> coo=ing can escape into
the hallways. An occasional food odor, such as fish, garlic or curry, is inevitable and
should be tolerated by other residents. A housing provider should not deny residents
the full use and en2oyent of their apartent by as=ing the to stop coo=ing their
choice of foods.
"ousing providers have a right to establish reasonable rules and regulations for the
cofort and peaceful en2oyent of all residents. If any resident creates strong
ob2ectionable sells that pervade coon areas such as hallways, the cause of the
sells doesn>t atter. If a situation involves offensive sells that go beyond noral
odors, a housing provider can re,uest that the household stop creating the odor.
13
31. What fair housing issues should we be aware of in processing
maintenance re'uests?
.aintenance eployees are very visible and fre,uently interact with residents.
7hen they treat residents fairly and professionally, it goes a long way toward
preventing fair housing coplaints. "ousing providers are responsible for the actions
of all eployees, so it is very iportant to train aintenance staff on fair housing
issues.
A coon coplaint that fair housing enforceent agencies receive is that ebers
of one protected class get their aintenance re,uests handled ore ,uic=ly than do
ebers of another protected class. To avoid this type of allegation, consider
establishing a clear aintenance response policy and docuent re,uests for repairs.
+eep thorough docuentation of wor= re,uests and aintenance actions ta=en, for
one year or longer. It is best to stay in counication with residents about their
repair re,uests, especially if there are delays.
32. What are some e,amples of evictions that could violate fair housing laws?
The eviction process is a costly part of doing business # be sure not to a=e it ore
costly by evicting for discriinatory reasons. 7hen a resident brea=s rules that call
for an eviction, =now how to evict lawfully, and follow eviction laws consistently and
fairly. An eviction will coply with fair housing laws if the resident>s protected class is
not a factor in the decision to evict .
"ere are e&aples of situations that could violate fair housing laws *soe of these
situations are not covered in all 2urisdictions-@
a single feale resident is told that her partner is approved to ove in with her,
then is evicted when anageent learns that her partner is of a different
nationality or race than the resident
a couple in a large one bedroo rental is as=ed to vacate after they have a child
residents who associate with people of a particular se&ual orientation are treated
negatively by anageent
33. How can we evict residents without violating fair housing laws?
A housing provider can evict a resident for valid, nondiscriinatory reasons such as
brea=ing the rules after being warned, repeatedly being late with rent, failing to pay
rent, daaging the rental property, or brea=ing public laws. The resident>s protected
class should not be considered in the decision to evict. Reeber to be consistent
and =eep thorough written records.
14
34. When can we ma)e an e,ception to the rules?
7henever an e&ception is needed. If e&ceptions ust be ade when ipleenting
rules, docuent the carefully. AB&aple@ A late fee is charged for residents who
pay rent late during their first year of residency, but no fee is charged for a longEter
resident who previously ade tiely payents and pays late once.C AnalyDe
situations on a caseEbyEcase basis when a=ing e&ceptions to a rule. )on>t a=e
e&ceptions based on soeone>s protected class. )ocuent the reasons for the
e&ceptions thoroughly.
Reeber, an applicant or resident who is a person with a disability ay need a
reasonable accoodation in order to use and en2oy a dwelling. A housing provider
is re,uired to a=e needed accoodations, even if they ay constitute an
e&ception to the usual rules. 4ee Chapter 8. !or ore detailed inforation, see the
4aple 1olicy on Reasonable Accoodations for 1eople with )isabilities by the
!air "ousing 1artners of 7ashington 4tate.
35. What records should be )ept to document our management actions?
It>s best to =eep all written records concerning@
resident payents
coplaints fro other residents
warnings issued, both verbal and written
inforation leading to an eviction.
Reeber that people can file fair housing coplaints fro si& onths to a year
after the alleged discriinatory action, depending on the 2urisdiction *and longer to
file a lawsuit-. +eeping thorough records will help in responding to allegations of
discriination. Also, =eep all applications, resident files and prior policies on file for a
reasonable length of tie to be able to respond to any fair housing coplaints or
lawsuits.
Section B: Harass#ent
3. What constitutes harassment under fair housing laws?
!air housing laws prohibit housing providers fro harassing residents because of
their protected class. "ousing providers are responsible for the behavior of their
eployees and vendors. "arassent includes various negative actions that are
ta=en because of soeone>s protected class # se&ual harassent, selective
enforceent of rules, derogatory stateents, ignored aintenance re,uests, etc.
15
A housing provider can be found liable if the harassing treatent rises to the level of
5severe or pervasive6 conduct that creates a hostile living environent. :ne or two
incidents will rarely constitute harassent. "owever, in situations where the
episodes were egregious, courts have deterined that the 5severe or pervasive6
standard was et when there was a single incident.
The best prevention strategy is to write and periodically distribute a nonEharassent
policy to all residents, eployees and contractors, and to train eployees on how to
prevent and reedy all fors of harassent. If a resident reports harassent,
respond ,uic=ly and effectively, and follow up to ensure that the proble does not
recur. !inally, reeber to docuent everything. !or ore detailed inforation,
see the 4aple 1olicy on Tenant on Tenant "arassent available fro the !air
"ousing 1artners of 7ashington 4tate.
3!. What types of conduct are considered to be se,ual harassment?
4e&ually harassing conduct can be verbal *derogatory rear=s, slurs, 2o=es,
intiidation, and even threats of violence-, physical *body gestures, whistling, ogling,
unwelcoe touching or physical violence-, or visual *inappropriate se&uallyEoriented
written aterials or pictures-. 4e&ual harassent also occurs when a resident>s
housing is conditioned on agreeing to se&ual favors. AB&aple@ A anager
deands a date in e&change for a rent reduction.C The legal ter for this type of
harassent is ,uid pro ,uo # 5this for that6. Again, the treatent is considered
harassent if it rises to the level of 5severe or pervasive6 conduct.
3#. ; resident said our maintenance wor)er told her she-d get a 'uic)er repair
if she gave him a )iss. What should we do?
This is an e&aple of ,uid pro ,uo harassent. Bployers are responsible for the
behavior of their eployees and vendors who wor= onEsite. If a resident coplains
of se&ual harassent, ta=e propt action to reedy the situation and prevent
harassent in the future. !ollow up with the resident and docuent everything.
This type of situation can be handled ore effectively if there is a written harassent
policy. The policy should clearly outline what a resident can do and who to contact if
harassent occurs.
Section C: Tenant on Tenant Harass#ent
3%. ; resident complained that her neighbor harassed her. What should we
do?
The word 5harassent6 eans different things to different people. 7hen soeone
reports harassent, gather specific inforation about what words and behaviors
were involved. This helps anageent to deterine if behavior is based on the
resident>s protected class. If so, follow the antiharassent policy.
1
4&. How should we deal with a harassment complaint?
If there are threats of violence or actual physical violence, call %11 or urge the
resident to do so. !or nonEeergency situations, tell the coplaining resident that
coplaints are ta=en seriously and an investigation will be conducted.
4tart an investigation right away #
Interview the coplaining resident and any witnesses who ight have observed
the incident.
Interview the alleged harasser. /et the person =now that harassent based on
protected class will not be tolerated.
)ocuent the coplaint and the investigation results in both the coplaining
resident>s and alleged harasser>s files.
If harassent cannot be verified #
Reind everyone involved that anageent has ade a serious coitent to
a housing environent free of harassent.
1roptly infor the coplaining resident of the investigation results and the
actions ta=en.
Reind everyone that retaliation against the coplaining resident or witnesses
will not be tolerated. .onitor for retaliation.
!or ongoing resident conflict that appears not to be associated with protected
class, refer residents to the local )ispute Resolution Center or other ediation
services, or consider hiring an outside consultantFediator.
If the investigation verifies the harassent coplaint #
1roceed with progressive disciplinary action against the harasser, up to and
including eviction if necessary for ongoing or serious violations.
1roptly infor the coplaining resident of the investigation results and the
actions ta=en.
Reind everyone that retaliation against the coplaining resident or witnesses
will not be tolerated. .onitor for retaliation.
41. We don-t get involved in private resident disputes. ; resident claims a
neighbor called him a negative racial name. 2hould we do anything?
7hen a housing provider is aware that a resident ay be e&periencing harassent
because of his protected class, the provider has a legal responsibility to investigate,
to ta=e action to stop any harassing behavior, and to ensure that it does not recur. If
a housing provider fails to ta=e effective action, a fair housing coplaint can be filed.
1!
Section $: $o#estic Violence %ssues
42. We issued a vacate notice to a household that had a domestic violence
incident. *s this o)ay under fair housing laws?
!air housing cases have been filed when anageent too= action against the entire
household after a woan was a victi of doestic violence. AB&aple@ A husband
is arrested after beating his wife, who then obtains a protection order. .anageent
sends the household an eviction notice under its 5Dero tolerance for violence policy6.
Although the policy is applied e,ually to all households where violence occurs, it has
a disproportionate adverse ipact on woen, who are the victis of doestic
violence the a2ority of the tie.C In a situation where a feale is the doestic
violence victi but is capable of aintaining her tenancy, such a policy should not be
used to evict her.
The 7ashington 4tate Residential /andlord Tenant Act *R/TA, RC7 G%.18- provides
guidance for housing providers when residents or applicants are victis of doestic
violence, se&ual assault, or stal=ing. !or ore inforation, see 5Landlord/Tenant
Issues For Survivors of Domestic Violence, Sexual Assault, and/or
Stalking by the (orthwest 0ustice 1ro2ect, online at
www.washingtonlawhelp.orgF7A.
43. (an we refuse to rent to someone who has been involved in a domestic
violence incident?
!air housing laws do not protect individuals who have a criinal record or rental
history of being a perpetrator of doestic violence, so it is o=ay to refuse the rental.
7hen a woan>s screening report shows a doestic violence incident, she should
not be autoatically re2ected. Instead, as= her to provide inforation confiring that
she was the victi. If she was and she otherwise ,ualifies for rental, process her
application 2ust li=e for other applicants. )o not a=e generaliDations that she will
bring trouble to the rental # loo= at her circustances individually.
Section &: "etaliation
44. What is retaliation under fair housing laws?
Retaliation is an act of har by a housing provider against an applicant or resident
because he or she has asserted fair housing rights, or has been a witness in a fair
housing situation. The fair housing coplaint can be foral *a civil rights coplaint-
or inforal *a verbal coplaint to anageent-. AB&aples@ A resident coplains of
harassent, then the anager won>t a=e repairs for her. :r a resident is a witness
1#
in an investigation, then the anager tells her he>s watching her ore closely for rule
violations.C
A retaliation coplaint can be supported even when the underlying coplaint is not
proven. AB&aple@ A resident gets a notice for noise, then she files a harassent
coplaint with a civil rights agency. The anager gets upset about the coplaint, so
he issues a notice to vacate to the resident, who then files a retaliation coplaint. An
investigation shows that there was no harassent. "owever, the resident wins the
retaliation case, because the anager gave her the vacate notice only because she
filed the harassent coplaint.C
After receiving a fair housing coplaint, a housing provider can still ta=e appropriate
actions when that resident violates the rules. ;e consistent # issue rule violation
notices throughout a person>s tenancy and for all residents siilarly, so that
anageent actions can be supported. Inconsistency can loo= li=e possible
discriination.
1%
Chapter Four
!eople with $isa'ilities
Section A: $isa'ility Law ()(
45. What disability laws apply to housing?
<air Housing ;ct+ state and local fair housing laws
1rohibits discriination against people with disabilities and against those who
associate with the.
Re,uires provision of Nreasonable accoodations6 as necessary to afford such
person*s- e,ual opportunity to use and en2oy a dwelling.
Re,uires housing providers to allow residents with disabilities to a=e
5reasonable odifications6 to rentals and coon areas.
Re,uires accessibility design and construction for covered ultifaily housing.
2ection 5&4 of the 1ehabilitation ;ct of 1%!3
1rohibits discriination based on disability in any housing, progra or activity
receiving federal financial assistance.
;mericans with .isabilities ;ct
/itle ** prohibits discriination based on disability in progras, services, and
activities provided or ade available by public entities *state and local public
housing, housing authorities, housing assistance and housing referrals-.
/itle *** covers housing counity areas that are open to the public *such as a
rental office- or available for use by the public *such as a clubhouse rented to
nonEresidents-.
4. Who is considered a person with a disability?
$arious fair housing laws use the ters 5handicap6 and 5disability6 interchangeably.
)isability is the preferred ter when referring to this group.
2&
!ederal law defines a person with a disability as@
a person who has a physical or ental ipairent that substantially liits one or
ore a2or life activities *5a2or life activity6 eans those activities that are of
central iportance to daily life, such as seeing, hearing, wal=ing, breathing,
perforing anual tas=s, caring for one>s self, learning, and spea=ing-
soeone who is regarded as having such an ipairent
individuals with a record of such an ipairent.
The 7ashington 4tate /aw Against )iscriination and local fair housing laws define
disability ore broadly, and include soe people with teporary disabilities.
4!. Who does not have a disability?
3nder fair housing laws, the definition does not include@
se& offenders
current illegal drug users *however, fair housing laws do protect people who are
recovering fro substance abuse-
those with convictions for the illegal anufacture or distribution of a controlled
substance
Section B: *elco#ing !eople with $isa'ilities
4#. (an we target our mar)eting to attract people with disabilities?
3nder fair housing laws, housing providers ay affiratively ar=et
to people with disabilities. It helps to use the international sybol of
access in ads and on signs *saple at right-. The sybol graphic is
available online at www.gag.orgFresourcesFdas.php.
To e&pand ar=eting options, consider advertising sources such as inority
newspapers, social services agencies and organiDations for people with disabilities.
4%. How can our community show that we welcome people with disabilities?
There are any ways to deonstrate this.
3se the fair housing logo and access sybol. Ads, brochures, signs and
application aterials can reflect accessibility and fair housing copliance.
.a=e sure that the rental counity eets the state and federal accessibility
standards. !or older buildings, ensure that the leasing office is accessible and
that there is an accessible route fro public transportation to the office.
21
It>s a wise practice to develop a reasonable accoodationsFodifications policy
and have it available for applicants and residents.
.a=e certain a odel rental is on an accessible route. Rental staff should =now
the counity>s accessible routes and be able to point out access features.
(ot all disabilities are obvious, so let all applicants and residents =now that
reasonable accoodations will be provided upon re,uest. Include a written
notice in application aterials and in resident rules that states a willingness to
provide accoodations.
Train staff on how to respond to reasonable accoodation re,uests in a tiely
and professional anner.
!or ore detailed inforation, see the 4aple 1olicy on Reasonable
Accoodations for 1eople with )isabilities available fro the !air "ousing
1artners of 7ashington 4tate.
5&. What 'uestions can we as) applicants about disabilities+ and what
'uestions should we avoid?
It is usually unlawful to as= if an applicant or resident has a disability, or to as= about
the nature or severity of the person>s disabilities. 7hen the housing property is a
recipient of federal lowEincoe housing ta& credits or is designed to provide housing
for people with a certain type of disability, the following in,uiries ay be ade of all
applicants@
Can you eet the re,uireents of tenancyJ
)o you ,ualify for a dwelling legally available only to persons with a disability or
to persons with a particular type of disabilityJ
)o you ,ualify for housing that is legally available on a priority basis to persons
with disabilities or to persons with a particular disabilityJ
)o not as= ,uestions such as@
"ow did you becoe disabledJ
)o you ta=e edicationJ
7hy are you getting 44IJ
7hat does that service anial doJ
Can I see your edical recordsJ
"ave you ever been hospitaliDed for ental illnessJ
"ave you ever been in drug or alcohol rehabJ
Are you capable of living independentlyJ
22
51. What if an applicant or resident voluntarily shares information about a
disabling condition?
7hether in casual conversation, or in the process of re,uesting a reasonable
accoodation, soeties a person will reveal inforation about a disability,
edical treatent, or details about what tas=s a service anial does. .anageent
ust =eep this inforation confidential and should not share it e&cept #
with anageent eployees who need inforation to assess or a=e a decision
to grant or deny a reasonable accoodation re,uest, or
disclosure re,uired by law *for e&aple, a courtEissued subpoena-.
It is not appropriate to discuss a resident>s disability with another resident. AB&aple@
A resident in a 5no pets6 counity who wants a dog as=s why another resident has
one. The anager, who =nows the dog is a service anial, should not disclose that
the resident with the anial is disabled. Instead, the anager can say 5!ederal and
local fair housing laws re,uire our counity to a=e e&ceptions to the Ono pets> rule
under certain circustances. If you believe you ay ,ualify for an e&ception,
anageent would be pleased to schedule a confidential eeting to discuss this
atter.NC
Section C: "easona'le Acco##odations + ,odifications
52. What are accommodations and modifications?
!air housing laws re,uire siilar treatent for all applicants and residents. "owever,
these laws also re,uire reasonable accoodations and reasonable odifications
for people with disabilities.
A reasonable accommodation is a change ade to a policy, progra or service
that allows a person with a disability to use and en2oy a dwelling, including public and
coon use areas. B&aples include@
providing rental fors in large print
providing a reserved accessible par=ing space near a residentLs rental
allowing a resident to have a service anial in a Nno petsN building
peritting a resident who has developed obility liitations to ove to the
ground floor.
23
A reasonable modification is a physical change ade to a residentLs living space or
to the coon areas of a counity, which is necessary to enable a resident with a
disability to have full en2oyent of the housing. B&aples include@
adding bathroo grab bars
lowering closet rods
installation of a rap
4ee Appendi& C for a list of coon accoodations and odifications.
53. When do we )now that an accommodation or modification is needed?
The duty to accoodate arises when the housing provider has =nowledge that a
disability e&ists and that an accoodation or odification ay be re,uired for the
disabled person to use and en2oy the housing. "ere are =ey points@
The applicant or resident ust a=e a re,uest for an accoodation or
odification.
The re,uest does not need to ention fair housing or use the words Nreasonable
accoodationN or 5reasonable odification.6
The re,uest should describe the accoodation or odification, and e&plain the
disabilityErelated need for the re,uested action. AB&aple@ A resident who
becoes disabled ay re,uest a transfer to a ground floor apartent because
clibing the stairs has becoe difficult.C
The re,uest does not need to be in writing. Although anageent ay use a
specific for, an accoodation or odification cannot be refused 2ust because
the person re,uesting it did not use the for. It is iportant for anageent to
docuent these re,uests.
Reasonable accoodations or odifications can be re,uested whenever they
are needed. A person ay a=e re,uests when applying for housing, when
entering into a rental agreeent, during tenancy, and even during an eviction
process.
An individual with a disability ay a=e ultiple re,uests for accoodations,
as the need arises.
Bvaluate each re,uest on a caseEbyEcase basis, in a tiely and professional anner,
and docuent interactions with the resident. A housing provider has an obligation to
provide propt responses to reasonable accoodation re,uests. An undue delay
in responding to a re,uest ay be considered to be a failure to provide a reasonable
accoodation. If in doubt about whether accoodation policies and rules coply
with fair housing laws, as= a fair housing agency to review the and suggest
rephrasing if necessary.
24
54. ;re we re'uired to have a formal procedure for processing accommodation
or modification re'uests?
(o. !air housing laws do not re,uire that a housing provider adopt any foral
procedures for reasonable accoodation re,uests. "owever, having foral
procedures ay aid people with disabilities in a=ing re,uests for reasonable
accoodations and ay aid housing providers in assessing those re,uests so that
there are no isunderstandings as to the nature of the re,uest. Also, in the event of
later disputes, docuentation of actions ta=en will provide records to show that the
re,uests received proper consideration. !or ore inforation, see the 4aple
1olicy on Reasonable Accoodations for 1eople with )isabilities available fro the
!air "ousing 1artners of 7ashington 4tate.
55. (an we re'uire documentation of a disability or the need for a re'uested
accommodation or modification?
7hether to re,uest docuentation and what docuentation to re,uest depends on
how obvious the person>s disability is and whether there is a connection between the
disability and the re,uested accoodation or odification.
If the person>s disability is obvious, or otherwise =nown, and the need for the
accoodation is also clear, do not re,uest inforation about the person>s
disability or the need for the accoodation. AB&aple@ An obviously blind
applicant as=s for rental docuents in large print # no verification of the disability
or the need is necessary.C
If the disability is =nown, but the need for the accoodation is not readily
apparent or =nown, re,uest only inforation necessary to evaluate the disabilityE
related need for the accoodation. AB&aple@ .anageent =nows a resident
has seiDures. The resident wants to get an assistance dog # re,uest that he
docuent the disabilityErelated need for the dog.C
If neither the disability nor the need is clear, as= for proof of both. AB&aple@
4oeone with no obvious disability as=s for an accessible par=ing space #
re,uest that he docuent both that he has a disability and his disabilityErelated
need for the par=ing.C
"3) and the 3.4. )epartent of 0ustice have indicated that the docuentation that
can be re,uested is a letter of verification fro a doctor or other edical
professional, or other ,ualified third party who, in their professional capacity, has
=nowledge about the person>s disability and the need for reasonable
accoodation. )o not as= for specific inforation about the disability or for edical
recordsK
*nteractive 5rocess 3 The accoodationFodification process should be an
interactive discussion between the housing provider and the applicant or resident. In
ost cases, the person with a disability =nows best what accoodation or
odification will eet his or her needs. If the person>s proposal is not feasible, the
25
housing provider can suggest alternative accoodations that ay eet the
resident>s needs.
5. How do we )now if an accommodation or modification re'uest is
=reasonable>? When can we refuse a re'uest?
An accoodation or odification is reasonable if@
it is related to the resident>s disability needs
is not an undue adinistrative and financial burden for the housing provider
does not fundaentally alter the nature of the provider>s operations.
8ndue ?urden 3 The re,uest ust not ipose an undue financial and adinistrative
burden on the housing provider. The deterination of undue financial and
adinistrative burden ust be ade on a caseEbyEcase basis involving various
factors, such as the cost of the re,uested accoodation, the financial resources of
the provider, the benefits that the accoodation would provide to the re,uester,
and the availability of alternative accoodations that would effectively eet the
re,uesterLs disabilityErelated needs. AB&aple@ An applicant who uses a wal=er
prefers a thirdEstory rental in a older wal=Eup building # the housing provider does not
have to install an elevator if such a odification is costEprohibitive.C
<undamental ;lteration 3 The re,uested accoodation or odification ust not
re,uire the housing provider to a=e a fundaental alteration in the essential nature
of the providerLs operations. AB&aple@ A resident with a disability cannot do his own
house=eeping and the housing provider does not supply house=eeping for residents.
A re,uest for such services is not reasonable.C
1efusing a re'uest 3 7hen a housing provider refuses a re,uested accoodation
because it is not reasonable, the provider should discuss with the re,uester whether
an alternative accoodation would effectively address the personLs disabilityE
related needs. If an alternative accoodation would effectively eet the personLs
needs and is reasonable, the provider ust grant it.
A failure to reach an agreeent on an accoodation re,uest is in effect a decision
by the housing provider not to grant the re,uested accoodation. 4oeone who
was denied an accoodation ay file a fair housing coplaint to challenge that
decision.
.irect /hreat 3 !air housing laws do not provide protection for a person with a
disability whose tenancy would constitute a direct threat to the health or safety of
others, or would result in substantial physical daage to the property of others,
unless the threat can be eliinated or significantly reduced by reasonable
accoodation.
To establish direct threat, a housing provider needs recent, ob2ective evidence of
behavior that puts others at ris= of har. Bven soeone who is considered a direct
2
threat or who has caused substantial property daage ay re,uest a reasonable
accoodation during the eviction process by presenting inforation that he or she
has ta=en steps to prevent future har. The housing provider has a duty to consider
the reasonable accoodation before ta=ing action.
5!. .o we have to provide accessible par)ing spaces?
1esident par)ing # If par=ing is provided for residents, it is a reasonable
accoodation to provide reserved accessible spaces for disabled residents.
3se the standard accoodations process for accessible par=ing re,uests. If a
resident has a state disabled par=ing perit, this is generally sufficient proof of
the need for a reserved accessible par=ing space.
.any people who need an accessible par=ing space donLt need an e&traEwide
space with an access aisle # they often need only a regularEsiDe par=ing space
nearest to their front door or on the ost accessible route to the front door.
)iscuss specific par=ing needs with the resident.
Bven if par=ing spaces are not norally assigned, provide a reserved par=ing
space to a resident with a disability.
1ost a sign at the head of the par=ing space saying the spot is reserved, so that
other people do not par= there.
4trictly enforce a resident>s reserved accessible par=ing space, and be propt in
responding to coplaints when others par= there. /et vendors =now these
spaces are off liits.
@uest par)ing # If par=ing is provided near the rental office or for guests, soe of
those spaces ust be accessible.
/ocate at least one accessible guest par=ing space near an onEsite rental office,
with an accessible route fro the par=ing to the office.
?uest par=ing is sub2ect to A)A Title III rules, which re,uire that at least HP of all
guest spaces in each lot eet access re,uireents and be designated with
appropriate signage. These spaces ust be at least %6N wide and ust have an
ad2acent access aisle at least 69N wide. An access aisle can be shared between
two accessible par=ing spaces. At least one of these spaces ust be van
accessible, with a %6N access aisle.
4trictly enforce accessible guest par=ing spaces, and be propt in responding to
coplaints when others par= there. /et vendors =now these spaces are off liits.
(ooperative housing and condominiums # 4oeties a governing board or
owners group has only liited control over par=ing spaces. ;oards should assist
within their eans to the person see=ing a par=ing accoodation. If another
resident owns the desired space, the two owners can negotiate a swap.
2!
5#. What do we need to )now about service animals?
7hen an applicant or resident who has a disability re,uests to live with a service
anial, follow the usual accoodation process. It is a reasonable accoodation
to allow residents to live with service anials that eet their disabilityErelated needs.
4oe fair housing laws define a service anial as Nany anial that is individually
trained to do wor= or perfor tas=s for the benefit of a person with a disability.N
:ther fair housing laws define the as 5an anial that does wor=, perfors tas=s
or provides edically necessary support for the benefit of an individual with a
disability.6 +ing County>s fair housing law also includes Ntherapeutic copanionN
anials.
4ervice anials are not pets. A person with a disability uses a service anial as
an au&iliary aid # siilar to the use of a cane, crutches or wheelchair. !air
housing laws re,uire that service anials be peritted despite Nno petN rules.
:wners of service anials should not be charged pet deposits or fees. ?eneral
cleaning or daage deposits can be charged, if all residents are siilarly
charged. A resident with a service anial is liable for any daage the anial
causes.
7hile the ost coon service anials are dogs, they ay be other species,
such as cats, on=eys, birds or other anials.
4ervice anials ay be any breed, siDe or weight. )o not apply pet siDe or
weight liitations to service anials.
4ervice anials need no special licenses or visible identification. 4oe owners
of service anials choose to put special collars or harnesses on their anials. If
city or county laws re,uire pet licenses for dogs and cats, rental anageent can
re,uire service dogs or cats to be licensed. In soe cases, such licenses are
free or discounted for service anials. A(ote@ If anageent does not re,uire
licenses for pet dogs and cats, then licenses cannot be re,uired for dogs or cats
that are service anials.C
4ervice anials need no 5certification6. There are no state or national standards
for certifying service anials, and no governent agencies provide certification.
A person ay train his or her own service anial.
;ecause service anials provide different types of assistance, in soe cases a
person with a disability ay re,uire ore than one service anial.
The service anial>s owner is responsible for the anial>s care, should observe
leash laws, properly dispose of anial waste, and ensure the anial behaves
around others and does not brea= tenancy rules *such as noise rules-.
2#
!or ore detailed inforation, see the 4aple 1olicy on 4ervice Anials available
fro the !air "ousing 1artners of 7ashington 4tate.
2%
5%. What about other residents or staff who are afraid of or allergic to animals?
If a staff eber or another resident has a fear of or a inor allergy to dogs or other
anials, this is not a disability, so they have no right to an accoodation.
In rare situations, a person>s allergy is so severe that contact with an anial ay
cause respiratory distress. That person ay re,uest an accoodation, which ust
be provided, if reasonable. AB&aple@ It ay be necessary to ove the allergic
person or the anial owner elsewhere.C
&. What else should we )now about reasonable modifications?
7here it is reasonable, perission for a odification ay be conditioned on the
following.
The resident provides a reasonable description of the proposed odification*s-,
reasonable assurances that the construction will be done in a wor=anli=e
anner, and agrees to obtain any re,uired building perits.
The resident agrees to restore the preises to the condition that e&isted before
the odification, reasonable wear and tear e&cepted. Restoration is not needed
when the odification would not interfere with the ne&t residentLs use and
en2oyent of the preises. AB&aple@ A narrow door is widened and a closet
clothes rod is lowered. 3pon oveEout, the rod should be replaced to its original
height, but the widened door can reain.C
)o not re,uire an increased security deposit for residents who wish to a=e
odifications. If it is necessary to ensure that funds will be available to pay for the
restorations at the end of the tenancy, the housing provider ay negotiate that the
resident pay into an interest bearing escrow account, over a reasonable period, an
aount of oney not to e&ceed the cost of the restorations. The interest in the
account accrues to the benefit of the resident.
1. Who pays for disability accommodations and modifications?
The housing provider is responsible for ensuring general access to the facility and
eeting iniu accessibility standards. 3nder fair housing laws, a housing
provider is re,uired to bear accoodation costs that do not aount to an undue
financial and adinistrative burden. .ost reasonable accoodations are no or low
cost< however, a housing provider ay need to spend oney to provide legally
re,uired accoodations. "ousing providers ay not re,uire people with
disabilities to pay e&tra fees or deposits as a condition of receiving a reasonable
accoodation or odification.
?enerally, the resident will bear the e&penses of a=ing reasonable structural
odifications to a property. "owever, if the property receives federal funds, the
housing provider usually pays, unless there is financial and adinistrative hardship.
3&
<or more information about disability rights and responsibilities+ seeA
"3) )isability Rights and Resources, www.hud.govFofficesFfheoFdisabilities
0oint 4tateent of the 3.4. )ept. of "3) and the )ept. of 0ustice, 5Reasonable
Accoodations 3nder the !air "ousing Act6,
www.hud.govFofficesFfheoFlibraryFhuddo2stateent.pdf
0oint 4tateent of the 3.4. )ept. of "3) and the )ept. of 0ustice, 5Reasonable
.odifications 3nder the !air "ousing Act6,
www.usdo2.govFcrtFhousingFfairhousingFreasonableQodificationsQar98.pdf
"3), 5)isability Rights in "ousing6,
www.hud.govFofficesFfheoFdisabilitiesFinhousing.cf
"3), 5Insurance 1olicy Restrictions as a )efense for Refusals to .a=e a
Reasonable Accoodation6,
www.fairhousing.coFincludeFediaFpdfFinsuranceguidance.pdf
Section $: Accessi'ility "e-uire#ents
2. What are the benefits of accessible housing?
Accessibility is not only andated by federal and state laws # it a=es a housing
property ore ar=etable and benefits everyone. 7hen housing is accessible,
applicants, current residents, and guests *with or without disabilities- have a safer
and ore convenient environent. Accessibility features also allow housing
providers to adapt to the changing needs of their residents, any of who wish to
age in place.
3. ;re there building codes that comply with H8. access guidelines?
"3) recogniDes ten 5safe harbors6 for copliance with the !air "ousing ActLs design
and construction re,uireents. !or detailed inforation, see
www.fairhousingfirst.org. Inforation about these safe harbors as well as "3)>s
policy for their use ay be found in the 5Report of "3) Review of the !air "ousing
Accessibility Re,uireents in the H996 International ;uilding Code,6 online at
www.hud.govFofficesFfheoFdisabilitiesFodelcodesFI;CE(otice.pdf.
4. What are the accessibility standards for rental housing?
Housing built before 1%! 3 Title III of the A)A applies to public areas at the
counity *par=ing lots, rental offices, counity roos rented to the public, and
routes of travel fro public transportation to those areas-. 3nder this law, housing
providers should reove barriers that ipede the access or use of these areas for
31
disabled people where such reoval is 5readily achievable6 # easily accoplishable
and able to be carried out without uch difficulty or e&pense. 7hether an action is
readily achievable is deterined on a caseEbyEcase basis, considering the nature and
cost of the action needed, and the overall financial resources of the housing provider.
If additions or alterations to the counity are planned, refer to state and federal
codes for new construction.
Housing with four or more units+ constructed for first occupancy on or after
Barch 13+ 1%%1 3 3nder the !"A, all rentals in an elevator building ust be
accessible and all ground floor rentals in a nonEelevator building ust be accessible.
These buildings ust have@
1. an accessible entrance on an accessible route
H. accessible public and coon use areas, including par=ing areas, curb raps,
passenger loading areas, building lobbies, lounges, halls and corridors, elevators,
public restroos, rental or sales offices, drin=ing fountains or water coolers,
ailbo&es, laundry roos, counity and e&ercise roos, swiing pools,
playgrounds, recreation facilities, nature trails, etc.
I. usable doors
8. accessible routes into and through the dwelling unit
G. accessible light switches, electrical outlets, and environental controls
6. reinforced walls in the bathroo to allow later installation of grab bars and
'. usable =itchens and bathroos.
<or more H8. information about disability access+ seeA
!air "ousing Accessibility !irst *a "3)Efunded education progra that helps
hoe builders and architects design and construct housing that eets the !"A
accessibility re,uireents-, www.fairhousingfirst.org
5!air "ousing Act )esign .anual,6
www.huduser.orgFpublicationsFdestechFfairhousing.htl
5Accessibility Re,uireents for ;uildings,
www.hud.govFofficesFfheoFdisabilitiesFaccessibilityR.cf
32
Chapter Fie
Fa#ilies with Children
Section A: *elco#ing Fa#ilies with Children
5. What is a family with children?
!ailies with children include@
households that have one or ore children under the age of 18
a parent, stepEparent, adoptive parent, guardian, foster parent or custodian of a
inor child
a pregnant woan or soeone in the process of ac,uiring legal custody of a child.
!ailies with children are a protected class under fair housing laws, which refer to
this group as 5failial status6 and 5parental status6. !air housing laws a=e it illegal
to refuse to rent or sell to a faily because they have children. These laws also
a=e it illegal to sub2ect failies with children to different ters and conditions of
tenancy, harsher rules, or restrictions on the use of coon areas.
. (an we say =<amilies Welcome> in our advertising and on our community
signage? 2hould we avoid certain words or phrases?
It is o=ay to ar=et to failies with children. Indicating that they are welcoe in a
counity does not deny any other protected class the opportunity to apply for
housing.
In print advertising, avoid words or phrases such as 5adult counity6 or 5perfect for
ature professionals6, which reflect a preference for residents without children.
7hen discussing a rental with an applicant faily, do not point out that there is no
onEsite play area or that the counity is on a busy street, unless this inforation is
given to all applicants.
Counities that ,ualify under the 5"ousing for :lder 1ersons Act6 are e&ept fro
the re,uireent to rent to failies with children. If they choose to do so, they can
advertise that children under 18 are not allowed as residents. 4ee Chapter 4i&.
33
!. (an we discourage a family with )ids from renting if our second floor
apartments have unsafe balconies and no window screens?
(o. 4afety concerns are not a valid reason to deny housing to failies with children.
If an unsafe condition e&ists on the property, consider a=ing it safe for all residents
to avoid general liability for in2uries. If that is not feasible, point out safety concerns
to every applicant, not 2ust failies with children.
Also, "3) guidance states that it violates the !air "ousing Act for a housing provider
to deny a faily the opportunity to live in a dwelling that has not undergone lead
haDard control.
#. We-ve had problems with teenagers causing property damage. (an we
refuse to rent to families with teens or charge them a higher damage deposit?
(o. !ailial status protections apply to all children under the age of 18. )on>t single
out a certain age group of children, such as teens. 3nder soe local fair housing
laws, this would be age discriination as well. .a=ing a generaliDation based on the
actions of soe residents *in this case teenagers- and creating a blan=et rule based
on that generaliDation will li=ely violate fair housing laws.
%. We run criminal bac)ground chec)s on our adult applicants. (an we run
them on teenagers too?
!air housing laws ay be violated if a rule is applied that only affects failies with
children, or when a neutral policy that is applied to all residents adversely ipacts
failies with children. AB&aple@ Re,uiring screenings for children could sub2ect a
faily to additional fees, which would a=e the application process ore
burdensoe for the.C If a housing provider has a policy of screening 2uveniles only
in certain properties andFor neighborhoods, an issue of race or national origin
discriination ight be raised. If the housing is in a 2urisdiction where age is a
protected class, such screening ay constitute age discriination.
!&. *s it o)ay to refer families with )ids to a building near the playground and
to have another 'uiet building for residents without children?
(o. This type of segregation is called NsteeringN and it is illegal. If a housing provider
were to designate certain buildings as 5nonEfaily6 housing, a faily ight be denied
a place to live until a rental becae available in the 5faily6 building. All applicants
should be shown any available rentals at the counity. /et the decide where
they would li=e to live.
If a resident as=s that a nearby apartent not be rented to a household with children
because they ight be too noisy, e&plain that rental decisions are not ade based
on protected class, such as failial status.
34
!1. We told a couple with a teenage son and daughter they must ta)e a three"
bedroom apartment+ so their )ids don-t share the same bedroom. *s that o)ay?
(o. )enying a twoEbedroo rental to a faily because they have children of
opposite se&es, or re,uiring the to rent a larger apartent, is a direct violation of
fair housing laws based on both failial status and se&.
Section B: Occupancy Standards and Surcharges
!2. What is an occupancy standard? .o we need one?
!air housing laws allow housing providers to establish reasonable liits on the
nuber of occupants allowed in each rental. "owever, when a housing provider sets
a policy that unreasonably liits the nuber of occupants, it affects failies with
children ore severely than households without children. Bstablishing appropriate
occupancy standards can reduce the ris= of violating fair housing laws.
!3. We heard that an occupancy standard of two"per"bedroom or =two plus
one> is o)ay. *s that true?
"3) has stated that a twoEpersonEperEbedroo occupancy standard is generally
reasonable. "owever, this standard is not absolute, and other considerations should
be =eep in ind. It is best to review a nuber of factors to deterine whether an
occupancy standard is overly restrictive, such as the siDe of bedroos and the rental
unit, the configuration of the unit, the age of children, other physical liitations of the
housing, and local Doning codes or laws.
!4. How can we establish a reasonable occupancy standard?
:ne critical factor in establishing an occupancy standard is the Doning or building
occupancy code that applies to the housing counity. .easure the roos in each
rental unit and apply the local building code. If a restrictive occupancy standard is
set, be prepared to substantiate legitiate businessErelated factors that led to the
standard, such as the age or condition of the dwelling and its accopanying systes
*sewer, septic, electric, water, etc.-.

<or more information about occupancy standards+ seeA
"3) 5+eating eo6 # www.hudclips.orgFsubQnonhudFcgiFpdfFIIG68.pdf
7ashington 4tate "uan Rights Coission guidance eo on occupancy
standards # www.hu.wa.govFfairhousingFstandards.ht
/ocal Doning codes # www.etro=c.govFdiasFocreFoccupancy.ht
35
!5. *s it o)ay to charge a base rent for up to three residents+ plus C5& per
month for each additional occupant?
!ees or surcharges for e&tra occupants have a greater negative effect on failies
with children than on households without children. If an e&tra aount is charged, it
ust be based on actual increased utilities use or other legitiate business costs.
.any counities have installed individual utility eters to onitor costs directly.
Section C: Fa#ily Friendly "ules and "egulations
!. (an our rules say =children cannot ride their bi)es on the wal)ways>?
Rules of conduct that apply only to children are unlawful under local, state and
federal fair housing laws. If the goal is to ban bicycle riding on the wal=ways, the rule
ust apply to all residents, regardless of age. The fair housing agencies welcoe
calls fro housing providers with ,uestions regarding the phrasing of resident rules.
!!. *s it o)ay to have rules such as =parents are responsible for damage done
by their children> and =parents must supervise their children at all times>?
(o. These rules specifically target failies with children. .ost leases and rental
agreeents hold residents responsible for daages caused by their guests and their
household. If tenancy rules repeat this point, do not single out children. 7henever a
rule applies to all inors, it li=ely violates fair housing laws, because 5children6
includes =ids fro birth to 1' years of age. Coon areas that are available to
residents for recreation, such as a grassy area, ust also be available to children for
play. Consider why each resident rule is needed. !or safety reasons, soe areas,
such as a pool, fitness roo, dupster area or par=ing lot, ay warrant supervision
of very young children by an adult.
!#. (an we set a curfew so )ids don-t loiter and cause problems at night?
?eneral tenancy rules that outline ,uiet hours and liit noise ust be applicable to
all residents. It is o=ay to restrict all residents fro certain coon areas at certain
ties. AB&aple@ (o residents in the pool between 19 p and ' a.C !air housing
laws do not perit curfews for children only. In soe situations, coon areas can
be restricted for children of certain ages for safety reasons *see below- and under
":1A regulations *see Chapter 4i&-.
!%. :ur pool rules include adult swim hours and re'uire that swimmers under
1# have an adult present. *s that o)ay?
1ool rules should be reasonable for all residents to use and en2oy, including children.
!air housing laws do not perit 5adult6 swi hours. :ne alternative is to designate a
lap swi tie at certain hours of the day, open to all residents.
3
It is helpful to use e&isting health and safety laws as guidelines for setting age
restrictions. 7ashington Adinistrative Code states that when no lifeguard or
attendant is present at a pool, children 1H years or younger ust have a responsible
adult *18 or older- present *7AC H86EH69E199-. This law perits children between
the ages of 1IE1' to swi with at least one other person present who is 1I or older.
AB&aple@ Two 1I year olds could swi together without any adult present # this is
the buddy syste, where one can rescue or call for help if necessary.C
#&. .o fair housing laws allow us to re'uire that children have an adult present
when using the hot tub or sauna?
Any rule e&cluding everyone under 18 years old without an adult present would li=ely
be too strict. "owever, soe areas ight be dangerous for very young children,
such as saunas or hot tubs. The Consuer 1roduct 4afety Coission and other
safety organiDations state that children under age si& should not use spas or hot
tubs, and children between 6E1H years should have an adult with the when using a
hot tub or whirlpool, and should not stay for longer than GE19 inutes at a tie.
7ashington state law re,uires Nage and developentally appropriate supervision of
any child that uses hot tubs, swiing pools, spas, and other anEade and natural
bodies of waterN, and states 5All spa pool facilities ust have signs R cautioning that
children under the age of si& should not use a spa pool R.6 *7AC I88E188E91'9
and H86EH69E1I1-. If the counity>s spa or hot tub rules are in the range of these
age guidelines, fair housing laws will li=ely consider the reasonable.
#1. *s it o)ay to set age limits for use of our fitness room e'uipment?
Ses, because soe fitness e,uipent ay not be safe for sall children. 7hen
setting age liits, it is helpful to loo= at industry standards, because there are no
state or federal laws that state the age of people who can safely use weight training
e,uipent. !itness centers anaged by local governents and private businesses
allow soe children under age 18 to use weight training e,uipent. .any fitness
centers perit children aged 1GE1' to use fitness e,uipent without adult
supervision, soe re,uire adult supervision for 1IE1G year old children, and few allow
anyone under 1I to use their facilities. B,uipent anufacturersL height and weight
recoendations ay also provide reasonable guidance. If the counity>s fitness
roo rules are in the range of these age guidelines, fair housing laws will li=ely
consider the reasonable.
Reeber, there is a difference between rules for e,uipent use and rules for who
can enter the roo. Children should be peritted to accopany their parents or a
responsible adult, so long as they don>t touch the e,uipent or cause disturbances
for others. AB&aples@ A dad wor=s out while his G year old sits ,uietly to the side
with a coloring boo=. A o wor=s out while her baby sleeps in a carrier nearby.C
3!
Chapter Si.
Other !rotected Classes
Section A: Housing for Older !ersons
#2. What is the Housing for :lder 5ersons ;ct? What )inds of housing does
H:5; cover?
The "ousing for :lder 1ersons Act *":1A- is an aendent to the federal !air
"ousing Act. 3nder this law, a counity that ,ualifies for the housing for older
persons e&eption can refuse to rent to failies with children, provided it eets
certain re,uireents.
Three types of housing ,ualify under ":1A@
1. "3) 4ecretary designated elderly housing
H. housing for residents who are 6H or older, whether private or assisted
I. housing intended and operated for occupancy by residents who are GG years of
age or older. !or GG or older housing, the following criteria ust be et@
At least 89P of the occupied rentals are occupied by at least one person who
is GG years of age or older
The owner or anageent of the housing facilityFcounity ust publish and
adhere to policies and procedures that deonstrate an intent to provide
housing for persons GG or older and
The facilityFcounity coplies with rules issued by the "3) 4ecretary for
verification of occupancy through reliable surveys and affidavits.
":1A covers housing counities or facilities that are governed by a coon set
of rules, regulations or restrictions. Typical e&aples include@ a condoiniu
association, a cooperative, a property governed by hoeowners or resident
association, a unicipally Doned area, a leased property under coon private
ownership, a anufactured housing counity, a obile hoe par=.
3#
The following are not covered by ":1A@
a portion of a single building
a duple&
a group of single faily houses dispersed throughout a geographical area
#3. How can we show our intent to operate as a 55D property?
It should be clear to anyone driving by, calling about, or living at the counity that it
is a GG or older property.
Any signage or printed aterial should include ":1A language stating that it is a
5GGT Counity6 or an 5Age GG or :lder "ousing Counity6 or siilar
language.
7hen advertising or describing the counity to applicants, be certain they =now
that it is intended for occupancy by at least one person age GG or older per unit.
Avoid using phrases such as 5adult living6 or 5adult counity6 or telling
applicants that it is an 5adult only6 property.
Bnsure the lease provisions, rules, regulations and any written aterials referring
to the counity indicate that it is a GG or older property.
A housing provider should not use the word 5adult6 or 5adult counity6 in
advertising or when describing the counity to prospective renters.
#4. How do we calculate the #&E occupancy re'uirement?
":1A re,uires that at least 89P of the occupied units ust be occupied by at least
one person GG or older. The reaining H9P of the units ay be occupied by persons
under GG, if the facilityFcounity so chooses. 7hen calculating the 89P occupancy
re,uireent, housing providers do not need to include@
units that have been continuously occupied by the sae household since
4epteber 1I, 1%88, that did not and do not currently contain at least one person
over the age of GG
units occupied by eployees under GG years old, who provide substantial
anageent and aintenance services to the counity
units occupied solely by persons who are necessary or essential to provide
edical andFor health and nursing care services as a reasonable accoodation
to residents
unoccupied units
A GG or older owner or tenant ight be teporarily absent fro the housing without
affecting the e&eption status. AB&aple@ The occupant is on vacation, hospitaliDed,
or absent for a season without affecting the counity>s e&ept status. The
3%
occupant ay allow a relative or house sitter under GG to live in the unit during this
absence.C The unit would still be counted as part of the 89P as long as the housing
is not rented out, the ownerFtenant returns on a periodic basis, and aintains legal
and financial responsibility for the up=eep of the dwelling.
#5. How should we obtain age verification?
":1A re,uires that a housing counity copile a list of occupants and verify the
ages of the occupants. Reliable age verification docuentation includes a birth
certificate, a driverLs license, a passport, iigration card, ilitary identification, or
any other state, local, national or international docuentation, provided it contains
current inforation about the age or birth of the person. 4oe other docuentation
is considered reliable, such as a selfEcertification signed by an adult eber of the
household asserting that at least one occupant in the unit is GG years of age or older.
":1A re,uires that a housing counity survey its resident lists every two years to
ensure that it eets the 89P re,uireent. A counityLs failure to survey or
resurvey its list of occupants does not deonstrate intent to provide housing for older
persons, and could 2eopardiDe the counityLs status as GGT housing.
#. Bay we impose an age limitation more restrictive than that re'uired by
H:5; and 'ualify for the 55 or older e,emption?
Ses. !or e&aple, a housing facilityFcounity ay re,uire@
that at least 89P of the units be occupied by at least one person 69 years of age
or older
that 199P of the units are occupied by at least one person GG or older
that 89P of the units be occupied e&clusively by persons aged GG or older
"owever, before establishing ore restrictive occupancy policies, chec= on state and
local laws that ay prohibit discriination based on age *such as the +ing County
!air "ousing ordinance-.
#!. We meet H:5; re'uirements+ and permit families with children to occupy
up to 2&E of our rentals. (an our rules say children under 1# are not allowed
in certain areas?
Ses. If a GGT property ,ualifies under ":1A, it is e&ept fro the !air "ousing Act>s
prohibition against discriination based on failial status. The counity ay
restrict children under 18 fro benefits of the counity, or otherwise treat their
households differently than senior households. "owever, the counity cannot
discriinate against any resident or potential resident based on other protected
classes, such as race, color, religion, national origin, se&, disability, etc.
If the counity is a pro2ectEbased 4ection 8 elderly or elderlyFdisabled property,
4&
anageent ay not e&clude otherwise eligible failies with children.
##. :ur housing community does not meet the #&E occupancy re'uirement.
How can we 'ualify for H:5; status?
There are two ways to establish housing for older persons # new construction and
conversion.
5(ewly constructed housing6 is that which has been entirely unoccupied for at
least %9 days prior to reoccupancy, due to renovation or rehabilitation. :nce the
housing reopens and can eet all three ":1A re,uireents covered on the
previous slide, it is ":1A housing.
The housing counity is peritted to discriinate against failies with children
until HGP of its units are occupied. If, at that tie, the counity does not have a
resident GG years or older in at least 89P of occupied units, then the counity
ay not discriinate against failies with children.
An e&isting counity can convert to housing for older persons if 89P of its units
becoe occupied by at least one person GG or older. A counity can>t reserve
unoccupied units for older persons, or advertise itself as housing for older
persons, or evict failies with children in order to reach the 89P threshold. If a
faily with children see=s to occupy a vacant unit before the facility has et all of
the re,uireents needed to becoe housing for older persons, the faily ust
be allowed to live there. The facility ay not a=e e&isting failies with children
feel unwelcoe or otherwise discourage the fro continuing to reside there.
"owever, nothing prevents the offering of positive incentives that ight lead soe
failies to see= housing elsewhere. If the counity achieves the 89P threshold
without discriinating against failies with children, it ay then be considered a
":1A counity.
<or more information about H:5;+ seeA
":1A Act, http@FFfrwebgate.access.gpo.govFcgiEbinFgetdoc.cgiJ
dbnaeU198QcongQpublicQlawsVdocidUf@publ'6.198.pdf
":1A !inal Rule, http@FFwww.hud.govFofficesFfheoFlibraryFhopaQfinal.pdf
WVA About ":1A, http@FFwww.hud.govFofficesFfheoFlibraryFhopa%G.pdf
Conversion to ":1A,
www.fairhousing.coFincludeFediaFpdfFconversiontohousingforolderpersons.pdf
41
Section B: Se.ual Orientation + /ender %dentity
#%. What is se,ual orientation?
4e&ual orientation is a protected class under state and local fair housing laws, which
define it as actual or perceived ale or feale heterose&uality, bise&uality, or
hoose&uality. The 7ashington /aw Against )iscriination and soe local fair
housing laws include gender e&pressionFidentity under this protected class.
%&. What should management do when a gay resident complains that his
neighbor called him derogatory names?
All residents, including gay, lesbian, bise&ual and transgender residents, have a right
to en2oy their housing without being sub2ected to harassent. "ousing providers
should ta=e iediate action to stop harassent that is based on protected class.
7hen soeone coplains about harassent, conduct a thorough investigation, =eep
in contact with the coplaining resident, and if the investigation reveals harassent
based on protected class, ta=e appropriate steps to stop it. .onitor for retaliation
against anyone who filed a coplaint or was a witness. *4ee Chapter Three, 4ection
;- !or ore inforation, see the 4aple 1olicy on Tenant on Tenant "arassent
available fro the !air "ousing 1artners of 7ashington 4tate. )epending on the
severity, certain types of harassent ay also be considered hate cries.
<or more information about se,ual orientation+ seeA
7ashington 4tate "uan Rights Coission, 5?uide to 4e&ual :rientation,
?ender Identity, )iscriination, and 7ashington 4tate /aws@ 4elfEAssessent
Chec=list for Copliance and 4uggested ;est 1ractices for Real Bstate and
"ousing Transactions6, available online at www.hu.wa.govFdocuentsF
!air"ousingF4elfEAssessentEPH9"ousingPH9andPH9RealPH9Bsate.pdf
1arents, !ailies and !riends of /esbians and ?ays *1!/A?-, www.pflag.org
4tonewall, 5!re,uently As=ed Wuestions6,
www.stonewall.org.u=FinforationQban=Ffre,uentlyQas=edQ,uestionsFdefault.asp
%1. What is gender identity?
?ender identity is a protected class under state and local fair housing laws. These
laws define gender identity as a personLs identity, e&pression, or physical
characteristics, whether or not traditionally associated with oneLs biological se& or
oneLs se& at birth. This includes en, woen, and those who identify as transse&ual
or transgendered *and one local law includes transvestite-, and includes a personLs
anneriss and dress.
42
?ender identity is one>s internal sense of ale or feale. 4oe people go through a
edical or social process to transition fro one gender to another *i.e., ale to
feale or feale to ale-. A person>s gender identity does not deterine a person>s
se&ual orientation. Transgender people can be heterose&ual, bise&ual, or
gayFlesbian.
Transgender is an ubrella ter used to describe people whose gender identity
*sense of theselves as ale or feale- or gender e&pression differs fro that
usually associated with their birth se&. Transse&uals often see= edical
interventions, such as horones and surgery, to a=e their bodies as congruent as
possible with their real gender. The process of transitioning fro one gender to the
other is called se& reassignent or gender reassignent.
4oe people crossdress. Crossdressers include en and woen of all se&ual
orientations, including people who are heterose&ual. "istorically, soe people used
the ter 5transvestite6. This ter is now considered by any people to be offensive.
Crossdressers generally have an identity that atches their birth se&.
%2. What do we call a transgender resident 3 him+ her+ Br.+ Bs.?
It is iportant to have oneLs gender recogniDed and validated, and any people find
it e&treely disrespectful to be called by a pronoun or nae inconsistent with their
gender presentation. 4oe transgender people obtain a court ordered nae or
gender change, which is reflected on their identification docuents. .anageent
should never disclose a resident>s gender nonEconfority or transgender status to
others.
3se naes and pronouns that are appropriate to the person>s gender presentation
and identity< if in doubt, as= the person>s preference. An intentional and persistent
refusal to respect a person>s gender identity ay be viewed as harassent. Also,
anageent should ta=e steps to ensure that residents do not harass other
residents because of their transgender status. AB&aple@ .anageent ust ta=e
action to reedy the situation when a aleEtoEfeale transgender resident reports
that a neighbor ade verbal slurs and ade fun of the resident>s transgender status.C
%3. :ne of our residents is transitioning from male to female. Banagement
doesn-t have a problem with her using the women-s room at the community
center+ but another resident e,pressed concern. What should we do?
3sually, the siplest solution is the best # use the restroo atching the current
gender presentation. If the transgender resident 5presents6 as a feale, she should
use the woen>s roo. 4oe transgender people do not feel safe in either the
en>s or woen>s restroos because of harassent fro others. 7here possible,
provide a single stall restroo for use by anyone who desires increased privacy.
4uch a facility would also a=e it easier for transgender people and others to change
clothes for activities such as swiing. "owever, no one should be re,uired to use
a unise& restroo either as a atter of policy or due to harassent by others. Those
43
who ob2ect to transgender people using the restroo with which they identify ay
siply not be aware of the social and edical process that transitioning individuals
undergo.
<or more information about gender identity+ seeA
Aerican 1sychological Association, 5Answers to Sour Wuestions About
Transgender Individuals and ?ender Identity,6
www.apa.orgFtopicsFtransgender.htl
"uan Rights Capaign, 5Coing :ut as Transgender,6
www.ncte,uality.orgFResourcesFCoingQ:utQasQTransgender.pdf
1arents, !ailies and !riends of /esbians and ?ays Transgender (etwor=
*T(BT-, www.pflag.orgFT(BT.tnet.9.htl
Section C: !articipation in the Section 0 !rogra#
%4. What is =2ection #> and how does the program wor)?
The 4ection 8 progra, also =nown as the "ousing Choice $oucher 1rogra, is a
federal governent progra that assists very lowEincoe failies, the elderly and
those with disabilities to afford housing in the private housing ar=et. The progra
helps lowEincoe households by paying a portion of a unitLs rental cost. /ocal
housing authorities adinister the subsidy provided by "3).
The 4ection 8 progra wor=s with thousands of housing providers in 7ashington. In
the progra, housing providers can screen and select residents based on their
noral procedures and can evict 4ection 8Eassisted residents if they violate the
lease. Contact the local "ousing Authority to learn ore about the progra.
7hen a 4ection 8 resident locates an available rental house or apartent, the
"ousing Authority inspects the dwelling to ensure that it eets an acceptable level of
health and safety. 7hen the residence passes inspection, a contract and oneEyear
lease are signed and rent payents begin. The "ousing Authority pays their portion
of the rent directly to the housing provider each onth, and the resident pays his or
her portion of the rent to e,ual the total rent charged for that unit.
The resident is e&pected to coply with the lease and progra re,uireents, to pay
rent on tie, and to aintain the apartent in good condition. The housing provider
is e&pected to provide services according to the lease and to aintain the apartent
in a decent, safe and sanitary anner throughout the duration of the tenancy.
44
%5. .o we have to rent to someone with a 2ection # voucher?
If applicants are ,ualified, it doesn>t a=e good business sense to turn the away
2ust because they have a section 8 voucher.
In the City of 4eattle, City of ;ellevue, and unincorporated +ing County, fair housing
laws protect those who participate in the 4ection 8 progra, who cannot be denied
rental 2ust because they have a "ousing Choice $oucher.
%. We only offer si,"month leases and we re'uire that applicants ma)e three
times the monthly rental amount+ so can we turn voucher holders away?
There is no re,uireent to alter to noral rental policies to accoodate the 4ection
8 progra, though housing providers can choose to offer oneEyear leases to 4ection
8 voucher holders only. Also, it does not a=e sense to apply a 5three ties the
rent6 incoe standard to a 4ection 8 participant, who will not be responsible for the
full rent aount. It would be ore reasonable to re,uire they a=e three ties the
aount of their portion of the rent.
In the City of 4eattle, City of ;ellevue, and unincorporated +ing County, those who
participate in the 4ection 8 1rogra are protected against discriination. In these
areas, soeone cannot be refused rental 2ust because they have a 4ection 8
voucher. The 4ection 8 progra involves an initial oneEyear lease, so a housing
provider ust waive a si&Eonth lease liit for voucher holders in these 2urisdictions.
Although an incoe re,uireent is a neutral policy that is applied consistently, it has
the effect of a=ing rental ipossible for all 4ection 8 voucher holders. These
policies have a 5disparate ipact6 would be considered discriinatory. It does not
a=e sense to apply this standard to a 4ection 8 participant who will not be
responsible for the full rent aount.
%!. (an we increase our rent amounts to match the ma,imum amount allowed
on a new applicant-s voucher?
"ousing providers can only re,uest a rent aount e,ual to that of their other rentals.
A 4ection 8 unit cannot be charged ore than is charged for all other siilar rentals.
If this is an owner>s only rental, then the owner ay charge an aount e,ual to other
siilar rentals in the area. The "ousing Authority will perfor a 5rent reasonable6
test prior to approve the rent, and will not allow rents outside the coparable figures.
%#. *f mar)et rates go up+ can we raise the rent for a current resident with a
voucher?
A housing provider has the right to re,uest an increase in rent at the end of each
lease ter. As with the initial rent, the "ousing Authority will perfor a 5rent
reasonable6 test prior to approving the rent and will not allow rents outside the
coparable figures.
45
Section $: Veteran1,ilitary Status
%%. Who is included in FeteranGBilitary 2tatus?
An honorably discharged veteran or an active or reserve eber in any branch of
the ared forces of the 3nited 4tates, including the (ational ?uard, Coast ?uard,
and Ared !orces reserves. 4tate law prohibits discriination on the basis of
veteran or ilitary status only when a discharge has been honorable. *There are four
types of ilitary discharges other than honorable # general, undesirable, bad
conduct, and dishonorable.-
There are a nuber of federal protections on the basis of veteran status. !or
e&aple, the federal 4ervice .ebers Civil Relief Act protects service ebers
fro eviction while the service eber is in a period of ilitary service AG9 3.4.C.
App. XGI1 *1-*a-C. A landlord should not deny rental to a service eber or reservist
based on the assuption that he or she would be called to active duty before the
ters of the lease are copleted. 4iilarly, a real estate agent should not steer or
persuade a service eber to buy a hoe in a certain area siply because of its
pro&iity to a ilitary base or other ilitary failies. "ousing providers should be
aware that federal laws do not always distinguish aong the various types of
discharges.
1&&. ;s a housing provider+ what should * )now about veteran and military
status discrimination?
7ith the large nuber of veterans returning fro Ira,, Afghanistan, and other places
where the Aerican ilitary serves, it is iportant to protect these individuals fro
harful, preconceived, and stereotyped notions about veterans and people serving in
the ilitary. A housing provider ust not negatively consider veteran or ilitary
status when a=ing housingErelated decisions. In addition, housing policies and
practices ust not have an adverse ipact on veterans or those in the ilitary by
preventing a housing provider fro selling or renting to veterans or those currently in
the ilitary.
.any veterans are protected by fair housing law>s prohibition against discriination
based on disability. As a result of the wars in Ira, and Afghanistan, a nuber of
veterans are returning to the 3nited 4tates with disabilities. These disabilities are not
only physical, but also include ental conditions such as trauatic brain in2ury and
1ostETrauatic 4tress )isorder *1T4)-. Bven though people with these conditions
do not show physical signs of in2ury, these conditions are considered disabilities
under ost fair housing laws. "ousing providers should not discriinate against
individuals returning hoe fro war or other ilitary service based on veteran status
or disability status. In addition, veterans and service ebers ay re,uire
reasonable accoodations for their disabling conditions *see Chapter !our-.
4