(1) It is an unfair
practice for any person, whether acting for himself, herself, or
another, because of sex, marital status, sexual orientation,
race, creed, color, national origin, families with children
status, honorably discharged veteran or military status, the
presence of any sensory, mental, or physical disability, or the
use of a trained dog guide or service animal by a person with a
disability:
(a) To refuse to engage in a real estate transaction with a
person;
(b) To discriminate against a person in the terms,
conditions, or privileges of a real estate transaction or in the
furnishing of facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide
offer to engage in a real estate transaction from a person;
(d) To refuse to negotiate for a real estate transaction
with a person;
(e) To represent to a person that real property is not
available for inspection, sale, rental, or lease when in fact it
is so available, or to fail to bring a property listing to his or
her attention, or to refuse to permit the person to inspect real
property;
(f) To discriminate in the sale or rental, or to otherwise
make unavailable or deny a dwelling, to any person; or to a
person residing in or intending to reside in that dwelling after
it is sold, rented, or made available; or to any person
associated with the person buying or renting;
(g) To make, print, circulate, post, or mail, or cause to be
so made or published a statement, advertisement, or sign, or to
use a form of application for a real estate transaction, or to
make a record or inquiry in connection with a prospective real
estate transaction, which indicates, directly or indirectly, an
intent to make a limitation, specification, or discrimination
with respect thereto;
(h) To offer, solicit, accept, use, or retain a listing of
real property with the understanding that a person may be
discriminated against in a real estate transaction or in the
furnishing of facilities or services in connection therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of negotiating, executing,
or financing a real estate transaction whether by mortgage, deed
of trust, contract, or other instrument imposing a lien or other
security in real property, or in negotiating or executing any
item or service related thereto including issuance of title
insurance, mortgage insurance, loan guarantee, or other aspect of
the transaction. Nothing in this section shall limit the effect
of RCW 49.60.176 relating to unfair practices in credit
transactions; or
(k) To attempt to do any of the unfair practices defined in
this section.
(2) For the purposes of this chapter discrimination based on
the presence of any sensory, mental, or physical disability or
the use of a trained dog guide or service animal by a person who
is blind, deaf, or physically disabled includes:
(a) A refusal to permit, at the expense of the person with a
disability, reasonable modifications of existing premises
occupied or to be occupied by such person if such modifications
may be necessary to afford such person full enjoyment of the
dwelling, except that, in the case of a rental, the landlord may,
where it is reasonable to do so, condition permission for a
modification on the renter agreeing to restore the interior of
the dwelling to the condition that existed before the
modification, reasonable wear and tear excepted;
(b) To refuse to make reasonable accommodation in rules,
policies, practices, or services when such accommodations may be
necessary to afford a person with the presence of any sensory,
mental, or physical disability and/or the use of a trained dog
guide or service animal by a person who is blind, deaf, or
physically disabled equal opportunity to use and enjoy a
dwelling; or
(c) To fail to design and construct covered multifamily
dwellings and premises in conformance with the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.) and
all other applicable laws or regulations pertaining to access by
persons with any sensory, mental, or physical disability or use
of a trained dog guide or service animal. Whenever the
requirements of applicable laws or regulations differ, the
requirements which require greater accessibility for persons with
any sensory, mental, or physical disability shall govern.
Nothing in (a) or (b) of this subsection shall apply to:
(i) A single-family house rented or leased by the owner if the
owner does not own or have an interest in the proceeds of the
rental or lease of more than three such single-family houses at
one time, the rental or lease occurred without the use of a real
estate broker or salesperson, as defined in RCW 18.85.010, and
the rental or lease occurred without the publication, posting, or
mailing of any advertisement, sign, or statement in violation of
subsection (1)(g) of this section; or (ii) rooms or units in
dwellings containing living quarters occupied or intended to be
occupied by no more than four families living independently of
each other if the owner maintains and occupies one of the rooms
or units as his or her residence.
(3) Notwithstanding any other provision of this chapter, it
shall not be an unfair practice or a denial of civil rights for
any public or private educational institution to separate the
sexes or give preference to or limit use of dormitories,
residence halls, or other student housing to persons of one sex
or to make distinctions on the basis of marital or families with
children status.
(4) Except pursuant to subsection (2)(a) of this section,
this section shall not be construed to require structural
changes, modifications, or additions to make facilities
accessible to a person with a disability except as otherwise
required by law. Nothing in this section affects the rights,
responsibilities, and remedies of landlords and tenants pursuant
to chapter 59.18 or 59.20 RCW, including the right to post and
enforce reasonable rules of conduct and safety for all tenants
and their guests, provided that chapters 59.18 and 59.20 RCW are
only affected to the extent they are inconsistent with the
nondiscrimination requirements of this chapter. Nothing in this
section limits the applicability of any reasonable federal,
state, or local restrictions regarding the maximum number of
occupants permitted to occupy a dwelling.
(5) Notwithstanding any other provision of this chapter, it
shall not be an unfair practice for any public establishment
providing for accommodations offered for the full enjoyment of
transient guests as defined by RCW 9.91.010(1)(c) to make
distinctions on the basis of families with children status.
Nothing in this section shall limit the effect of RCW 49.60.215
relating to unfair practices in places of public accommodation.
(6) Nothing in this chapter prohibiting discrimination based
on families with children status applies to housing for older
persons as defined by the federal fair housing amendments act of
1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the
housing for older persons act of 1995, P.L. 104-76, as enacted on
December 28, 1995. Nothing in this chapter authorizes
requirements for housing for older persons different than the
requirements in the federal fair housing amendments act of 1988,
42 U.S.C. Sec. 3607(b)(1) through (3), as amended by the housing
for older persons act of 1995, P.L. 104-76, as enacted on
December 28, 1995.
(7) Nothing in this chapter shall apply to real estate
transactions involving the sharing of a dwelling unit, or rental
or sublease of a portion of a dwelling unit, when the dwelling
unit is to be occupied by the owner or subleasor. For purposes
of this section, "dwelling unit" has the same meaning as in RCW 59.18.030.
[2007 c 187 § 13; 2006 c 4 § 14. Prior: 1997 c 400 § 3; 1997 c 271 § 14; 1995 c 259 § 3; prior: 1993 c 510 § 17; 1993 c 69 § 5; 1989 c 61 § 1; 1979 c 127 § 8; 1975 1st ex.s. c 145 § 1; 1973 c 141 § 13; 1969 ex.s. c 167 § 4.]
NOTES:
Effective date -- 1995 c 259: See note following RCW 49.60.010.
Severability -- 1993 c 510: See note following RCW 49.60.010.
Severability -- 1993 c 69: See note following RCW 49.60.030.
Severability -- 1969 ex.s. c 167: See note following RCW 49.60.010.