§ 14.08.020. Definitions  


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  • Definitions as used in this Chapter 14.08, unless additional meaning clearly appears from the context, shall have the meanings subscribed:

    "Accessory dwelling unit" has the meaning defined in Chapter 23.84A.032's definition of "Residential use".

    "Aggrieved person" includes any person who:

    1.

    Claims to have been injured by an unfair practice prohibited by this Chapter 14.08; or

    2.

    Believes that he or she will be injured by an unfair practice prohibited by this Chapter 14.08 that is about to occur.

    "Alternative source of income" means lawful, verifiable income derived from sources other than wages, salaries, or other compensation for employment. It includes but is not limited to monies derived from Social Security benefits, supplemental security income, unemployment benefits, other retirement programs, child support, the Aged, Blind or Disabled Cash Assistance Program, Refugee Cash Assistance, and any federal, state, local government, private, or nonprofit-administered benefit program.

    "Blockbusting" means, for profit, to promote, induce, or attempt to promote or induce any person to, engage in a real estate transaction by representing that a person or persons of a particular race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, alternative source of income, or who participates in a Section 8 or other subsidy program, or who is disabled, or who is a disabled person who uses a service animal has moved or may move into the neighborhood.

    "Charge" means a claim or set of claims alleging an unfair practice or practices prohibited under this Chapter 14.08.

    "Charging party" means any person who files a charge alleging an unfair practice under this Chapter 14.08, including the Director.

    "City" means The City of Seattle.

    "City department" means any agency, office, board, or commission of the City, or any department employee acting on its behalf, but shall not mean a public corporation chartered under Chapter 3.110, or any contractor, consultant, or concessionaire or lessee.

    "Commission" means the Seattle Human Rights Commission.

    "Department" means the Seattle Office for Civil Rights.

    "Detached accessory dwelling unit" has the meaning defined in Chapter 23.84A.032's definition of "Residential use".

    "Director" means the Director of the Seattle Office for Civil Rights or the Director's designee.

    "Disabled" means a person who has a disability.

    "Disability" means the presence of a sensory, mental, or physical impairment that: is medically cognizable or diagnosable; or exists as a record or history; or is perceived to exist whether or not it exists in fact. A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, whether or not it limits the ability to work generally or work at a particular job, or whether or not it limits any other activity within the scope of this Chapter 14.08. For purposes of this definition, "impairment" includes, but is not limited to:

    1.

    Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or

    2.

    Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

    "Discriminate" means to do any act which constitutes discrimination.

    "Discrimination" means any conduct, whether by single act or as part of a practice, the effect of which is to adversely affect or differentiate between or among individuals or groups of individuals, because of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, alternative source of income, participation in a Section 8 or other subsidy program, the presence of any disability, or the use of a service animal by a disabled person. "Discrimination" includes harassment, such as racial and sexual harassment, as well as harassment based on other protected classes.

    "Dual-filed" means any charge alleging an unfair practice that is filed with both the Department of Housing and Urban Development and the Seattle Office for Civil Rights without regard to which of the two agencies initially processed the charge.

    "Dwelling" means any building, structure, or portion thereof which is occupied as, or is designed or intended for occupancy as, a residence by one or more individuals or families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

    "Ensuring meaningful access" means the ability of a person with limited English proficiency to use or obtain language assistance services or resources to understand and communicate effectively, including, but not limited to, translation or interpretation services.

    "Gender identity" means a person's gender-related identity, appearance, or expression, whether or not traditionally associated with one's biological sex or one's sex at birth, and includes a person's attitudes, preferences, beliefs, and practices pertaining thereto.

    "Hearing Examiner" means the Seattle Hearing Examiner.

    "Housing costs" means the compensation or fees paid or charged, usually periodically, for the use of any housing unit. "Housing costs" include the basic rent charge and any periodic or monthly fees for other services paid to the owner by the occupant, but do not include utility charges that are based on usage and that the occupant has agreed in the rental agreement to pay, unless the obligation to pay those charges is itself a change in the terms of the rental agreement.

    "Lender" means any bank, insurance company, savings or building and loan association, credit union, trust company, mortgage company, or other person or agent thereof, engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair, or maintenance of real property.

    "Marital status" means the presence or absence of a marital relationship and includes the status of married, separated, divorced, engaged, widowed, single, or cohabiting.

    "Occupant" means any person who has established residence or has the right to occupy real property.

    "Owner" means any person who owns, leases, subleases, rents, operates, manages, has charge of, controls or has the right of ownership, possession, management, charge, or control of real property on their own behalf or on behalf of another.

    "Parental status" means being a parent, step-parent, adoptive parent, guardian, foster parent, or custodian of a minor child or children under the age of 18 years, or the designee with written permission of a parent or other person having legal custody of a child or children under the age of 18 years, which child or children shall reside permanently or temporarily with such parent or other person. In addition, parental status shall refer to any person who is pregnant or who is in the process of acquiring legal custody of a minor child under the age of 18 years.

    "Party" means the person charging or making a charge or complaint or upon whose behalf a complaint is made alleging an unfair practice, the person alleged or found to have committed an unfair practice, and the Seattle Office for Civil Rights.

    "Person" means one or more individuals, partnerships, organizations, trade or professional associations, corporations, municipal corporations, legal representatives, trustees, trustees in bankruptcy and receivers. It includes any owner, lessee, proprietor, manager, agent or employee, Section 8 or other subsidy program administrator, whether one or more natural persons, and any political or civil subdivision or agency or instrumentality of the City.

    "Political ideology" means any idea or belief, or coordinated body of ideas or beliefs, relating to the purpose, conduct, organization, function or basis of government and related institutions and activities, whether or not characteristic of any political party or group. "Political ideology" includes membership in a political party or group and includes conduct, reasonably related to political ideology, which does not interfere with the property rights of the landowner as it applies to housing.

    "Preferred employer program" means any policy or practice in which a person provides different terms and conditions, including but not limited to discounts or waiver of fees or deposits, in connection with renting, leasing, or subleasing real property to a prospective occupant because the prospective occupant is employed by a specific employer. "Preferred employer program" does not include different terms and conditions provided in city-funded housing or other publicly funded housing, for the benefit of city or public employees, housing specifically designated as employer housing which is owned or operated by an employer and leased for the benefit of its employees only, or any program affirmatively furthering fair housing. For purposes of this definition, "affirmatively furthering fair housing" means assisting homeless persons to obtain appropriate housing and assisting persons at risk of becoming homeless; retention of the affordable housing stock; and increasing the availability of permanent housing in standard condition and affordable cost to low-income and moderate-income families, particularly to members of disadvantaged minorities, without discrimination on the basis of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, honorably discharged veteran or military status, alternative source of income, participation in a Section 8 program or other subsidy program, the presence of any disability or the use of a service animal by a disabled person. "Affirmatively furthering fair housing" also means increasing the supply of supportive housing, which combines structural features and services needed to enable persons with special needs, including persons with HIV/AIDS and their families, to live with dignity and independence; and providing housing affordable to low-income persons accessible to job opportunities.

    "Prospective borrower" means any person who seeks to borrow money to finance the acquisition, construction, repair, or maintenance of real property.

    "Prospective occupant" means any person who seeks to purchase, lease, sublease, or rent real property.

    "Real estate agent, salesperson or employee" means any person employed by, associated with, or acting for a real estate broker to perform or assist in the performance of any or all of the functions of a real estate broker.

    "Real estate broker" means any person who for a fee, commission, or other valuable consideration, lists for sale, sells, purchases, exchanges, leases or subleases, rents, or negotiates or offers or attempts to negotiate the sale, purchase, exchange, lease, sublease, or rental of real property of another, or holds themselves out as engaged in the business of selling, purchasing, exchanging, listing, leasing, subleasing, or renting real property of another, or collects the rental for use of real property of another.

    "Real estate transaction" means the sale, purchase, conveyance, exchange, rental, lease, sublease, assignment, transfer, or other disposition of real property.

    "Real estate-related transaction" means any of the following:

    1.

    The making or purchasing of loans or providing other financial assistance:

    a.

    For purchasing, constructing, improving, repairing, or maintaining real property, or

    b.

    Secured by real property; or

    2.

    The selling, brokering, or appraising of real property; or

    3.

    The insuring of real property, mortgages, or the issuance of insurance related to any real estate transaction.

    "Real property" means dwellings, buildings, structures, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and any interest therein.

    "Respondent" means any person who is alleged to have committed an unfair practice prohibited by this Chapter 14.08.

    "Section 8 or other subsidy program" means short or long term federal, state or local government, private nonprofit, or other assistance programs in which a tenant's rent is paid either partially by the program (through a direct arrangement between the program and the owner or lessor of the real property), and partially by the tenant or completely by the program. Other subsidy programs include but are not limited to HUD-Veteran Affairs Supportive Housing (VASH) vouchers, Housing and Essential Needs (HEN) funds, and short-term rental assistance provided by Rapid Rehousing subsidies.

    "Section 8 or other subsidy program administrator" means any person or entity that administers Section 8 or other subsidy programs, including but not limited to issuance, management, modification or denial of program benefits.

    "Service animal" means an animal that provides medically necessary support for the benefit of an individual with a disability.

    "Sexual orientation" means actual or perceived male or female heterosexuality, bisexuality, or homosexuality, and includes a person's attitudes, preferences, beliefs, and practices pertaining thereto.

    "Steering" means to show or otherwise take an action which results, directly or indirectly, in steering a person or persons to any section of the City or to a particular real property in a manner tending to segregate or maintain segregation on the basis of race, color, creed, religion, ancestry, national origin, age, sex, marital status, parental status, sexual orientation, gender identity, political ideology, alternative source of income, participation in a Section 8 or other subsidy program, the presence of any disability, or the use of a service animal by a disabled person.

    "Verifiable" means the source of income can be confirmed as to its amount or receipt.

    "Honorably discharged veteran or military status" means:

    1.

    A veteran, as defined in RCW 41.04.007; or

    2.

    An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

(Ord. 125639 , § 1, 2018; Ord. 125576 , § 5, 2018; Ord. 125228 , § 1, 2016; Ord. 125114 , § 2, 2016; Ord. 124829 , § 4, 2015; Ord. 123527, § 6, 2011; Ord. 123014, § 7, 2009; Ord. 121593 , § 2, 2004; Ord. 119628 , § 7, 1999; Ord. 118392 , § 34, 1996; Ord. 116818 , § 2, 1993; Ord. 114864 , § 1, 1989; Ord. 113610 , § 2, 1987; Ord. 113144 , § 2, 1986; Ord. 112903 , § 10, 1986; Ord. 108205 , § 1, 1979; Ord. 104839 , § 2, 1975.)