Chapter 10.01
UNFAIR HOUSING PRACTICES
Sections:
10.01.010 Source of income discrimination prohibited.
10.01.020 Definitions.
10.01.030 Applicability.
10.01.040 Exceptions.
10.01.050 Penalties.
10.01.060 Appeals.
10.01.010 Source of income discrimination prohibited.
Property owners, property managers, landlords, and their agents who rent or lease dwelling units may not refuse to rent or lease a dwelling unit to any tenant or prospective tenant or otherwise discriminate or retaliate against that person solely on the basis that the person proposes to pay a portion of the rent from a “source of income” as defined in this chapter.
(Ord. No. 4233, § 1, 1-17-17)
10.01.020 Definitions.
A. “Source of income” includes income derived from social security, supplemental security income, other retirement programs, and any federal, state, local, or nonprofit-administered benefit or subsidy programs, including housing assistance, public assistance, and general assistance programs. “Source of income” does not include income derived in an illegal manner.
B. Other terms used in this chapter shall be defined as set forth in the Residential Landlord Tenant Act, Chapter 59.18 RCW.
(Ord. No. 4233, § 1, 1-17-17)
10.01.030 Applicability.
Nothing in this chapter will apply if the dwelling unit does not qualify for participation in the tenant’s “source of income” program. However, any property owner or manager that refuses to rent a dwelling unit to a person based upon the proposed use of funds from a “source of income” must notify that person in writing of the reasons why the dwelling unit is ineligible for participation in the particular “source of income” program. Refusal to allow a health and safety inspection of the property by a public housing authority will not be considered a legitimate basis for refusing to rent due to program ineligibility.
(Ord. No. 4233, § 1, 1-17-17)
10.01.040 Exceptions.
This chapter shall not:
A. Apply to the renting, leasing, or subleasing of a portion of a single-family dwelling, where the owner or person entitled to possession maintains a permanent residence, home or abode in the same dwelling, or an accessory dwelling unit; or
B. Deny any person from making a choice among prospective tenants on the basis of factors other than the source of income.
(Ord. No. 4233, § 1, 1-17-17)
10.01.050 Penalties.
A. Civil Violation.
1. The violation of any provision of this chapter is a civil violation as provided for in Chapter 1.04 KCC, for which a monetary penalty may be assessed and abatement may be required.
2. Any penalty due and unpaid and delinquent under this chapter will constitute a debt of the city. The city may, pursuant to Chapter 19.16 RCW, use a collection agency to collect unpaid license fees, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies.
(Ord. No. 4233, § 1, 1-17-17)
10.01.060 Appeals.
A. Any person ordered to pay a civil penalty pursuant to KCC 10.01.050 may appeal the penalty by filing with the city clerk a written appeal. Appeals shall be in writing and contain the following information:
1. Appellant’s name, address, phone number, and email address;
2. Appellant’s statement describing his or her standing to appeal;
3. Identification of the summary of decision which is the subject of the appeal;
4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based;
5. The relief sought, including the specific nature and extent; and
6. A statement affirming that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.
B. To be valid, the appeal must be received and date stamped by the city clerk’s office no later than 14 calendar days after the penalty was issued. The city clerk will forward all timely appeals to the economic and community development director or designee.
C. The director, or designee, will review the appeal and either affirm or repeal the order imposing the civil penalty based upon written findings of fact and conclusions of law. The director, or designee, may reduce the amount of the civil penalty upon a finding that the violation did not occur in bad faith and any known victims of the violation have been fully compensated for damages suffered as a result of the violation. The director, or designee, may request additional information necessary to make the decision and/or choose to hold an informal hearing to solicit evidence.
D. If the penalty is not repealed, the person who has been ordered to pay the civil penalty may appeal the director’s decision to the hearing examiner pursuant to the process set forth in Chapter 1.04 KCC. Appeals must be accompanied by an appeal fee as set by the city council. The city shall have the burden of proof to establish the violation by a preponderance of the evidence.
(Ord. No. 4233, § 1, 1-17-17)