Fair Housing Guide — Washington

Federal Fair Housing Act + Washington protected classes and application rules

Federal Protected Classes (Fair Housing Act, 42 U.S.C. § 3604)

These protections apply in every state. You may never discriminate based on:

Race

42 U.S.C. § 3604 — no discrimination based on race or color of skin.

Color

Closely related to race; covers skin color distinctions within racial groups.

National Origin

Country of birth, ancestry, culture, or linguistic characteristics.

Religion

Cannot refuse housing or impose different terms based on religious beliefs or practices.

Sex

Includes sexual harassment; federal courts have extended to sexual orientation/gender identity.

Disability

Physical or mental impairment that substantially limits a major life activity. Landlord must provide reasonable accommodations and allow modifications.

Familial Status

Households with children under 18, pregnant women, or those with custody of children. Exception: qualified senior housing (55+ communities).

Washington Additional Protected Classes

Washington law adds the following protections beyond the federal baseline:

Sexual orientation
Gender identity and expression
Source of income (including housing vouchers)
Military status or honorable discharge
Marital status
Ancestry
Use of a service animal

Source of Income / Housing Vouchers (Section 8)

⚠ Protected in Washington

Washington prohibits refusing to rent to tenants who use housing vouchers (Section 8, VASH, etc.) as their source of income. You cannot advertise "no Section 8" or refuse to accept Housing Choice Vouchers.

Criminal History Screening

Ban-the-Box Restrictions Apply

You cannot ask about criminal history on the initial rental application. Criminal history inquiries are restricted to after a conditional offer has been made. Even then, an individualized assessment is typically required.

What You Can and Cannot Ask

✗ Cannot Ask or Advertise

Race or racial background
Religion or religious practices
National origin or ethnicity
Sex or gender (federal)
Disability or handicap status
Familial status (having children under 18, pregnancy)
Source of income or housing voucher status
Sexual orientation or gender identity
Military or veteran status
Criminal history on initial application (Seattle)

These questions — in person, on applications, or in listings — may constitute fair housing violations.

✓ Can Ask (Applied Consistently)

Proof of income (pay stubs, bank statements, employer letters)
Employment status and employer contact
Rental history and references from prior landlords
Consent to run a credit check
Personal references
Number of occupants (to apply occupancy standards consistently)
Income verification
Rental history
Criminal history after conditional offer (Seattle — Rental Housing Regulations)

Apply all screening criteria uniformly to every applicant. Document your process.

Advertising Rules

Rental listings must not indicate any preference or limitation based on protected classes. Avoid language such as:

"Perfect for young professionals" (implies familial status preference)
"No children" or "adults only" (familial status — illegal unless 55+ senior housing)
"Christian household" or "religious community" (religion)
"No Section 8" (illegal in Washington — source of income is protected)
"Native English speakers preferred" (national origin)
Any description that signals race, color, or national origin preference

Safe language: focus on objective property features, income requirements, and pet/smoking policies.

City-Level Rules & Notable Notes

Washington: Source of income protected statewide (RCW 49.60.030). Seattle: Fair Chance Housing Ordinance bans criminal history questions before a conditional offer. Seattle: First-in-Time rule requires offering to first qualified applicant. Landlords must use objective criteria and apply them consistently.

This tool provides legal information, not legal advice. Nothing on this site creates an attorney-client relationship. For advice about your specific situation, consult a licensed attorney in your state.