§ 14.08.040. Unfair practices—Generally
A.
It is an unfair practice for any person to discriminate by:
1.
Undertaking or refusing to engage in a real estate transaction or otherwise deny or withhold such real property; or
2.
Refusing to negotiate a real estate transaction; or
3.
Representing that such real property is not available for inspection, sale, rental, or lease when in fact it is so available; or
4.
Expelling or evicting an occupant from real property or otherwise making unavailable or denying a dwelling; or
5.
Applying different terms, conditions, or privileges of a real estate transaction, including but not limited to the setting of rates for rental or lease, establishment of damage deposits or other financial conditions for rental or lease, in the furnishing of facilities or services in connection with such transaction.
B.
It is an unfair practice for any real estate broker, real estate agent, salesperson, or employee to discriminate by:
1.
Refusing or intentionally failing to list real property for sale, rent, or lease; or
2.
Refusing or intentionally failing to show real property listed for sale, rental, or lease; or
3.
Refusing or intentionally failing to accept and/or transmit any reasonable offer to purchase, lease, or rent real property.
C.
It is an unfair practice to discriminate by denying a person access to, or membership or participation in, a multiple listing service or real estate brokers' organization or other service, or to discriminate in the terms and conditions of such access, membership, or participation.
D.
It is an unfair practice for a person to:
1.
Refuse to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy any dwelling.
2.
Prohibit reasonable modifications needed by a current or prospective disabled tenant. Whether or not a person permits current or prospective tenants in general to make alterations or additions to a structure or fixtures, it is an unfair practice to refuse to allow alterations or additions to existing premises occupied or to be occupied by a disabled person which are necessary to make the rental property accessible by disabled persons, under the following conditions:
a.
The person allowing the alterations or additions is not required to pay for the alterations, additions, or restoration unless otherwise required by federal law;
b.
The person has the right to demand assurances that all modifications will be performed pursuant to local permit requirements, in a professional manner, and in accordance with applicable building codes;
c.
The person may, where it is reasonable to do so, condition permission for modification on the current or prospective tenant's agreement to restore the interior of the premises to its pre-existing condition, reasonable wear and tear excepted.
E.
It is an unfair practice under this chapter for any person to design or construct a building or structure that does not conform with 42 U.S.C. 3604, the Washington State Barrier Free Act, WAC Ch. 51-50 as required by chapters 19.27 RCW and 70.92 RCW, other regulations adopted under 42 U.S.C. 3604 and chapters 19.27 RCW and 70.92 RCW, any other applicable laws pertaining to access by disabled persons, or any rules or regulations promulgated thereunder. If the requirements of the applicable laws differ, those which require greater accessibility for disabled persons shall govern.
F.
It is an unfair practice for an owner or lessor of real property, when determining tenant eligibility for purposes of leasing, subleasing, or renting real property, to apply income screening criteria (such as an income to rent ratio) in a manner inconsistent with the following:
1.
Any payment from a Section 8 or other subsidy program that reduces the amount of rent for which the tenant is responsible must be subtracted from the total of the monthly rent.
2.
All sources of income must be included as a part of the tenant's total income except in situations where the rental housing unit is subject to income and/or rent restrictions in a housing regulatory agreement or subsidy agreement and income is determined pursuant to the agreement.
G.
For purposes of applying the definitions of "discriminate" and "discrimination" in Section 14.08.020 to this Section 14.08.040, "discrimination" only includes "alternative source of income" when referring to a person leasing, subleasing, or renting real property or who seeks to lease, sublease, or rent real property.
H.
It is an unfair practice for a person to fail to:
1.
cooperate with a potential or current occupant in completing and submitting required information and documentation for the potential or current occupant to be eligible for or to receive rental assistance from Section 8 or other subsidy program;
2.
accept a written pledge or commitment by a Section 8 or other subsidy program to pay for past due or current housing costs, and court costs or reasonable attorney's fees already incurred and directly related to recovery of the unpaid housing costs lawfully owed, under all of the following conditions:
a.
By itself or in combination with: other payments from a Section 8 or other subsidy program, and any verifiable source of income including but not limited to wages, salaries, or other compensation for employment, and all alternative sources of income, the written pledge or commitment is sufficient to allow the occupant to become current on all housing costs, and court costs or reasonable attorney's fees already incurred and directly related to the recovery of the unpaid housing costs lawfully owed once the pledge or commitment is fulfilled.
b.
The written pledge or commitment is received by the owner at any time prior to:
1)
The issuance of a notice served under RCW 59.12.030(3) or (4) or 59.04.040; or
2)
The end of the time period allowed for compliance in notice served under RCW 59.12.030(3) or (4) or 59.04.040.
c.
The written pledge or commitment does not commit the owner to any conditions, including any agreement not to pursue future unlawful detainer actions, except those requiring the owner to timely provide any information necessary for payment.
d.
The Section 8 or other subsidy program provider commits to paying the written pledge or commitment to the owner within five business days of issuing the written pledge or commitment to the owner. The payment shall be made directly from the Section 8 or other subsidy program provider to the owner, where possible.
I.
It is an unfair practice to advertise, institute, or maintain a preferred employer program. Any preferred employer program that is part of an unexpired rental agreement upon the effective date of the ordinance introduced as Council Bill 118755 may continue until the occupant vacates the unit and the rental agreement is terminated.
J.
Short-term voucher evaluation
The Department shall ask the City Auditor to conduct an evaluation of the impact of the amendment to the definition of "Section 8 program" in subsection 14.08.020 (effective on the date of the ordinance introduced as Council Bill 118755) to include short-term assistance to determine if the addition of short-term assistance to the definition should be maintained, amended, or repealed. The evaluation should include an analysis of the impact on the ability of tenants to enter into and successfully remain in housing and the impact on the rate of eviction. The City Auditor, at their discretion, may retain an independent, outside party to conduct the evaluation. The evaluation shall be submitted to the City Council by the end of 2018.