Washington Fair Housing Occupancy Standards Explained

Finding a home in Washington means understanding your rights—and responsibilities—under Fair Housing laws, including how many people can live in a rental unit. If you’re unsure about occupancy limits or feel like you’ve been unfairly denied housing for having a family or roommates, this guide will clarify the rules, important protections, and steps you can take as a renter.

Understanding Occupancy Standards in Washington

Occupancy standards are rules about how many people can legally live in a rental unit. In Washington, landlords can set reasonable occupancy limits, but these cannot be used to discriminate against families or protected groups under the Washington Law Against Discrimination (WLAD) and the federal Fair Housing Act.^[1]

For most cases, a common guideline is "two people per bedroom plus one." However, exceptions or stricter standards may only be justified if based on specific health, safety, or local housing codes—not personal preference.

When Occupancy Limits Become Discrimination

• If a landlord refuses to rent to a family because of the number of children (within reasonable limits), it could be discrimination based on “familial status.”
• Occupancy standards must be applied consistently to all renters.
• Local city or county rules may affect limits, but they cannot override state or federal anti-discrimination protections.

Washington’s Official Guidance and Relevant Legislation

Washington follows state law—the Residential Landlord-Tenant Act (RCW 59.18)—for rental housing, while fair housing issues are guided by RCW 49.60. The Washington State Human Rights Commission (WSHRC) is the tribunal that enforces fair housing protections, investigates complaints, and ensures compliance.

Official Forms and How to Use Them

• Washington State Human Rights Commission Discrimination Complaint Form
  
  • Purpose: To report alleged housing discrimination, including disputes about unreasonable occupancy standards.
  • When to use: If you believe a landlord denied your application or tried to evict you because of your family size or living arrangement protected under the law.
  • Where to find it: File a Complaint - WSHRC
  • How to use (example): If you have a child and are told you cannot rent a two-bedroom apartment for more than two people, submit a complaint with supporting evidence through the above link.

Action Steps if You Experience Discrimination

If you think a landlord has used occupancy limits in a discriminatory way, follow these steps:

• Collect written evidence (emails, application responses, ads with occupancy rules).
• Contact the Washington State Human Rights Commission to discuss your situation quickly.
• Complete and submit the Discrimination Complaint Form.

Frequently Asked Questions

1. What is the standard occupancy limit for rentals in Washington?
   The general guideline is two people per bedroom plus one extra person. However, landlords must still comply with both local regulations and Fair Housing laws protecting families.
2. Can a landlord refuse to rent based on family size?
   No. Refusing to rent to renters with children (within reasonable occupancy limits) is considered discrimination under both Washington and federal law.
3. How do I file a discrimination complaint in Washington?
   Contact the Washington State Human Rights Commission and complete their online or paper Discrimination Complaint Form with details about your situation.
4. Can local city rules be stricter than state fair housing law?
   City or county codes may set stricter occupancy limits for health or safety, but those limits cannot be applied in a way that discriminates against legally protected groups.
5. Which agency handles tenant fair housing disputes in Washington?
   The Washington State Human Rights Commission investigates and enforces fair housing laws for renters across the state.

Key Takeaways for Washington Renters

• Occupancy standards must be reasonable, consistent, and compliant with fair housing protections.
• Washington renters are protected from discrimination based on family status or other protected categories.
• Questions or complaints can be directed to the Washington State Human Rights Commission.

Being familiar with these standards empowers you to recognize and challenge unfair restrictions regarding who can live in your rental home.

Need Help? Resources for Renters

• Washington State Human Rights Commission: Fair Housing for Tenants — Guides, complaints, and forms
• Washington Attorney General: Landlord-Tenant Rights — State housing laws and FAQs
• Washington State Department of Commerce: Tenant Resources — Support programs and housing information

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1. Washington Law Against Discrimination (RCW 49.60)
2. Residential Landlord-Tenant Act (RCW 59.18)
3. Federal Fair Housing Act

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