In Washington state, landlords cannot refuse to rent to someone because they use a Section 8 housing voucher. This is a form of discrimination based on source of income, and it is illegal. Landlords also cannot charge higher rent or deposits to Section 8 tenants than they would to other tenants. If a landlord refuses to rent to someone because they use a Section 8 voucher, the tenant can file a complaint with the Washington State Human Rights Commission. Landlords should be aware that they are required by law to rent to Section 8 tenants if they have available units that meet the program’s requirements.
Washington State Law Against Source of Income Discrimination
In the state of Washington, the Fair Housing Act (RCW 49.60.222) prohibits discrimination based on the source of income, including refusing to rent to someone because they use a housing voucher, such as Section 8. This law applies to all landlords, regardless of the size or type of property they rent. This also includes discrimination against someone’s source of income when it comes to advertising or marketing a property. Landlords are not allowed to:
- Refuse to rent or sell housing to someone because they use a housing voucher.
- Charge higher rent or security deposit to someone because they use a housing voucher.
- Refuse to make reasonable accommodations for someone with a disability who uses a housing voucher.
- Retaliate against someone for exercising their rights under the Fair Housing Act.
If you believe you have been discriminated against based on your source of income, you can file a complaint with the Washington State Human Rights Commission (WSHRC). The WSHRC will investigate your complaint and may take action to stop the discrimination.
In addition to being against the law, refusing to rent to someone because they use Section 8 can also be bad for business. By opening your doors to Section 8 tenants, you can increase your pool of potential renters and make it easier to find qualified tenants. You can also avoid the legal and financial consequences of discrimination.
Consequences of Violating the Law
Landlords who violate the Fair Housing Act can face a variety of consequences, including:
- Fines
- Back rent
- Damages
- Injunctions
- Loss of housing assistance
| Protected Characteristic | Examples of Discrimination |
|---|---|
| Source of Income | Refusing to rent to someone who uses a housing voucher. Charging higher rent or security deposit to someone who uses a housing voucher. |
| Disability | Refusing to make reasonable accommodations for someone with a disability. Charging higher rent or security deposit to someone with a disability. |
| Retaliation | Evicting someone because they filed a complaint of discrimination. Refusing to rent to someone because they were previously involved in a discrimination lawsuit. |
Reasonable Accommodations and Modifications for Section 8 Tenants
Landlords in Washington state have a legal obligation to provide reasonable accommodations and modifications to Section 8 tenants with disabilities. These accommodations must be designed to ensure that the tenant can fully enjoy their housing and must be made without imposing undue financial or administrative burdens on the landlord.
Examples of reasonable accommodations and modifications include:
- Installing grab bars, ramps, or other mobility-enhancing features
- Modifying the layout of the unit to make it more accessible for wheelchair users
- Providing assistive devices such as shower chairs, raised toilet seats, or medical alert systems
- Lowering kitchen cabinets or installing pull-down shelves
- Adding a ramp to the front entrance of the building
- Providing visual or auditory alerts for smoke or fire alarms
- Assigning parking spaces near the building for disabled tenants
- Providing a ground-floor unit for a tenant who has difficulty climbing stairs
- Installing a security camera system to accommodate a tenant who is deaf or hard of hearing
Landlords are required to engage in a good faith dialogue with the tenant to determine the appropriate accommodation or modification. The landlord must consider the specific needs of the tenant and the overall design and structure of the housing unit.
Landlords are not required to make modifications that are not reasonable or that would impose undue financial or administrative burdens.
| Accommodation | Description | Cost | Burden |
|---|---|---|---|
| Installing grab bars in the bathroom | Installing grab bars in the bathtub and shower to assist a tenant with mobility issues | $100 | Low |
| Widening doorways to accommodate a wheelchair | Widening the doorways to allow a tenant in a wheelchair to easily enter and exit the unit | $500 | Moderate |
| Installing a ramp at the front entrance | Installing a ramp at the front entrance to allow a tenant in a wheelchair to enter and exit the building | $1,000 | High |
In addition to the above, landlords are also required to comply with all applicable state and federal fair housing laws.
Landlord Responsibilities and Obligations Under Section 8
As a landlord who participates in the Section 8 program, you have certain responsibilities and obligations. These include:
- Providing a safe and habitable living environment: This means meeting all applicable housing codes and standards, as well as making necessary repairs and maintenance to the property.
- Charging a reasonable rent: The rent you charge for a Section 8 unit cannot exceed the maximum rent allowed by the program. The maximum rent is based on a variety of factors, including the location of the property, the size of the unit, and the number of bedrooms.
- Not discriminating against tenants based on their source of income: You cannot refuse to rent to a tenant because they receive Section 8 assistance.
- Participating in the Section 8 inspection process: You are required to allow Section 8 inspectors to access the property for inspections.
- Providing accurate and timely information to Section 8 administrators: You must provide accurate information about the property and the tenants to Section 8 administrators. This information includes the rent charged, the security deposit, and the condition of the property.
In addition to these responsibilities, landlords who participate in the Section 8 program may also be eligible for certain benefits. These benefits include:
- Rental assistance payments: The government provides rental assistance payments to landlords who rent to Section 8 tenants. These payments can help to offset the cost of providing affordable housing.
- Tax breaks: Landlords who participate in the Section 8 program may be eligible for certain tax breaks. These tax breaks can help to reduce the landlord’s overall tax liability.
Table of State Landlord-Tenant Laws Governing Section 8
| State | Statute | Summary |
|---|---|---|
| Washington | RCW 59.20 | Washington state law prohibits landlords from discriminating against tenants based on their source of income, including Section 8 vouchers. Landlords must also comply with all applicable housing codes and standards, and they cannot charge excessive rent. |
Hey folks, that’s all we got for today regarding Section 8 in Washington State. If you’re looking for more info on landlord-tenant laws or other housing topics, be sure to check out our website or swing by again later. We’re always adding new content that you might find helpful. Until then, thanks for reading, and see ya next time!