What fair housing laws apply in Washington state and who enforces them?
The federal Fair Housing Act and its 1988 amendments (FHA) protect people from
negative housing actions that occur because of their race, color, national origin, religion,
sex, disability, or family status, which are “protected classes” under the FHA. State and
local fair housing laws cover additional groups, such as marital status, sexual
orientation, gender identity, age, participation in the Section 8 Program, etc.
HUD enforces the FHA. The Washington State Human Rights Commission (WSHRC)
enforces the Washington Law Against Discrimination, RCW 49.60. Three local agencies
enforce fair housing ordinances – King County Office of Civil Rights (OCR), Seattle
Office for Civil Rights (SOCR), and the Tacoma Human Rights and Human Services
Department (THR). The state and local laws are considered “substantially equivalent” to
the FHA, and HUD contracts with these agencies to handle most fair housing
investigations in Washington.
Are there any differences between federal and state or local laws regarding
disability?
Yes. Washington state law has a broader definition of disability than federal laws. Under
federal laws, a disability must “substantially limit a major life activity.” The Washington
State Law Against Discrimination, WAC 162-22-020, defines disability as “the presence
of a sensory, mental or physical disability when a condition is medically cognizable or
diagnosable.” A condition is a "sensory, mental, or physical disability" if it is an
abnormality and is a reason why the person with the condition did not get or keep the
housing in question, or was discriminated against in other terms and conditions of
housing. Washington’s definition includes people with temporary disabilities. A person
with a leg injury who requires several weeks of recovery would be considered disabled
under state law and should be given temporary accommodations as needed.
Under fair housing laws, who is considered to be disabled and who is not?
Under fair housing laws, the definition of disability includes people who have a current
mental or physical disability. The laws also include those who do not currently have a
disability, but have a record or history of one. These laws also protect nondisabled
people who are regarded or perceived as disabled, and who are treated negatively
because of that perception.
The following people are not considered to have a disability under fair housing laws:
• Current illegal drug users
• Anyone with a conviction for the illegal manufacture or distribution of a controlled
substance.