CHAPTER 32
FAIR HOUSING REGULATIONS
SECTION:
6-32-1 Income Source Discrimination Prohibited
6-32-1 INCOME SOURCE DISCRIMINATION PROHIBITED:
A. Property owners, property managers, landlords, and their agents, who rent or lease dwelling units shall not, based on the source of income of an otherwise eligible prospective tenant or current tenant:
1. Refuse to rent or lease any dwelling unit to a prospective tenant or current tenant, unless the: (i) prospective tenant’s or current tenant’s source of income is conditioned on the dwelling unit passing inspection; (ii) written estimate of the cost of improvements necessary to pass inspection is more than one thousand five hundred dollars ($1,500); and (iii) the property owner, property manager, landlord, or their agent has not received moneys from the Washington Department of Commerce landlord mitigation program account to make the improvements;
2. Expel a prospective tenant or current tenant from any dwelling unit;
3. Make any distinction, discrimination, or restriction against a prospective tenant or current tenant in the price, terms, conditions, fees, or privileges relating to the rental, lease, or occupancy of a dwelling unit or in the furnishing of any facilities or services in connection with the rental, lease, or occupancy of a dwelling unit;
4. Attempt to discourage the rental or lease of any dwelling unit to a prospective tenant or current tenant;
5. Assist, induce, incite, or coerce another person to commit an act or engage in a practice that violates this Chapter;
6. Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of the person having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected under this Chapter;
7. Represent to a person that a dwelling unit is not available for inspection or rental when the dwelling unit in fact is available for inspection or rental; or
8. Otherwise make unavailable or deny a dwelling unit to a prospective tenant or current tenant that, but for his or her source of income, would be eligible to rent the dwelling unit.
B. Property owners, property managers, landlords, and their agents shall not publish, circulate, issue, or display, or cause to be published, circulated, issued, or displayed, any communication, notice, advertisement, or sign of any kind relating to the rental or lease of a dwelling unit that indicates a preference, limitation, or requirement based on any source of income.
C. If a property owner, property manager, landlord, or their agent requires that a prospective tenant or current tenant have a certain threshold level of income, any source of income in the form of a rent voucher or subsidy must be subtracted from the total of the monthly rent prior to calculating if the income criteria have been met. (Ord. 5826, 11-7-16; Ord. 5847, 6-26-17; Ord. 5881, 5-7-18)
6-32-2 DEFINITIONS:
A. “Dwelling unit” shall have the meaning set forth in RMC 4-11-040.
B. “Source of income” includes benefits or subsidy programs including housing assistance, public assistance, emergency rental assistance, veterans benefits, social security, supplemental security income or other retirement programs, and other programs administered by any federal, state, local, or nonprofit entity. “Source of income” does not include income derived in an illegal manner. (Ord. 5881, 5-7-18)
6-32-3 EXCEPTIONS:
Nothing in this chapter shall:
A. Prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on the basis of race, color, national origin or other illegal discriminatory basis;
B. Be construed to prohibit treating people with disabilities more favorably than people who do not have disabilities; or
C. Be construed to protect criminal conduct. (Ord. 5826, 11-7-16; Ord. 5881, 5-7-18)
6-32-4 NOTICE:
Any property owner, property manager, landlord, or their agent that refuses to rent a dwelling unit to a person proposing to use a source of income shall notify such person in writing of the reasons for refusing to rent the dwelling unit. The reasons given in the notice are not a defense to the application of RMC 6-32-1 if the dwelling unit is offered on different terms or conditions to any person not proposing to use a source of income. (Ord. 5881, 5-7-18)
6-32-5 PENALTIES:
A. A violation of this Chapter is punishable by an order imposing a civil penalty in the amount of one thousand dollars ($1,000). A second violation of this Chapter by the same person within a two (2) year period is punishable by a civil penalty in the amount of two thousand five hundred dollars ($2,500). Any order imposing a civil penalty pursuant to this section shall summarize the factual and legal basis for the violation and notify the recipient of the right to appeal the fine pursuant to RMC Section 6-32-6.
B. A third violation of this Chapter by the same person within a three (3) year period is punishable as a gross misdemeanor with a jail sentence of up to three hundred sixty-four (364) days and up to a five thousand dollar ($5,000) fine, plus restitution. (Ord. 5826, 11-7-16; Ord. 5881, 5-7-18. Formerly 6-32-4)
6-32-6 APPEALS:
A. Any person ordered to pay a civil penalty pursuant to RMC Section 6-32-5 may appeal the penalty by filing with the City Clerk a written appeal setting forth the legal and factual basis for the appeal and identifying the City order in which the penalty is assessed. Such identification may be done by referencing a City tracking number that was included on the order and/or providing a copy of the order with the appeal. To be considered, the appeal must be received and date stamped by the City Clerk’s office no later than fourteen (14) days after the fine was issued. The City Clerk will forward all timely appeals to the Community and Economic Development Administrator, or designee.
B. The Administrator, 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 Administrator, 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 Administrator, or designee, may request additional information necessary to make the decision and/or choose to hold an informal hearing to solicit evidence.
C. If the penalty is not repealed, the person who has been ordered to pay the civil penalty may appeal the Administrator’s decision to the Hearing Examiner pursuant to the process in RMC 4-8-110.E. The City shall have the burden of proof to establish the violation by a preponderance of the evidence. No appeal fee shall be required. (Ord. 5826, 11-7-16; Ord. 5881, 5-7-18. Formerly 6-32-5)
6-32-7 CIVIL REMEDY:
Any person who has been damaged by a violation of RMC Section 6-32-1 may seek to recover civil damages in a court of competent jurisdiction to the extent such action is allowed by law. (Ord. 5826, 11-7-16; Ord. 5881, 5-7-18. Formerly 6-32-6)