Landlords and Criminal Background Checks in Washington

Knowing what landlords can and cannot ask about your criminal history is crucial for renters in Washington. Washington state laws and local ordinances provide unique protections for renters, especially concerning discrimination and fair housing. This guide explains your rights under current law, when your criminal history matters, and how you can take action if your rights are violated.

Understanding Criminal Background Checks by Landlords in Washington

In general, landlords in Washington are allowed to conduct criminal background checks on rental applicants. However, there are important restrictions under both state law and local ordinances, especially in Seattle. The main legal protections come from Washington Residential Landlord-Tenant Act and the Fair Housing Act.

• Statewide: Most Washington landlords may ask about and consider criminal convictions but must follow fair housing and consumer reporting laws.
• Seattle: Seattle's Fair Chance Housing Ordinance provides stronger protections — landlords cannot ask about or consider most criminal history when screening tenants, except for certain sex offenses.

Key Seattle Ordinance: Fair Chance Housing

In Seattle, under the Fair Chance Housing Ordinance, it’s illegal for most landlords to ask about or reject applicants based on criminal history, with a few exceptions (like registered sex offenders). Outside of Seattle, these stricter protections may not apply.

State Law: What Landlords Can and Cannot Do

• Disclosure: Landlords must tell you—including in writing—if they will run a criminal background or tenant screening report. See RCW 59.18.257.
• Consent: You must provide written permission for any criminal background check.
• Adverse Action Notice: If a landlord denies your application due to information in a report, you have a right to receive an "Adverse Action Notice," including the reason for denial and the name of the consumer reporting agency.

If you believe you have been unfairly denied housing due to your criminal history, you may have options to challenge the decision.

Important Forms for Renters

• Adverse Action Notice
  When: Provided if you are denied housing based on criminal or tenant screening report information.
  How: If you receive this notice, you have the right to obtain a free copy of your report and dispute incorrect information.
  Official Example: CFPB Sample Adverse Action Notice (federal law applies in Washington).
• Tenant Screening Form (Written Disclosure)
  When: Given before landlords obtain a screening report.
  How: Must explain what type of information will be used to screen applicants.
  More info: RCW 59.18.257 - Tenant Screening
• Rental Application
  Landlords typically require this, which may include a background check consent form.
  Example: Washington Attorney General Landlord-Tenant Resources

Which Board Handles Discrimination Complaints?

The main body for tenant dispute resolution in Washington is the Washington State Office of the Attorney General - Landlord-Tenant. For fair housing complaints, contact the Washington State Human Rights Commission (WSHRC).

Your Rights: Discrimination and Criminal History

Landlords cannot use arrest records or most criminal convictions to discriminate under fair housing laws. Seattle's Fair Chance Housing offers especially strong protections, but state and federal disability protections may also apply.

• Landlords cannot use a blanket ban on applicants with a criminal record.
• They must consider the nature, severity, and recency of any offense.
• Reasonable accommodations must be made for people with disabilities.

What To Do If You Feel Discriminated Against

If you suspect a landlord denied you based on criminal history unfairly, consider these steps:

• Request an "Adverse Action Notice" explaining why you were denied.
• Get a copy of your screening report (free if denied within 60 days).
• File a complaint with the Washington State Human Rights Commission or, if in Seattle, the Seattle Office for Civil Rights.

If needed, seek legal assistance from state or local tenant advocacy organizations.

FAQ: Your Questions Answered

1. Can my landlord ask about my criminal history anywhere in Washington?
   Outside of Seattle, most landlords can ask about criminal history but must follow fair housing rules. In Seattle, most landlords can’t ask except for specific sex offenses.
2. What if I’m denied housing because of a background check?
   You have the right to receive an Adverse Action Notice and can dispute any inaccurate information in the report.
3. Is an arrest record the same as a conviction for rental applications?
   No, landlords are generally not allowed to consider arrest records, only actual convictions.
4. Who handles complaints about discrimination or unfair background checks?
   The Washington State Human Rights Commission and, in Seattle, the Seattle Office for Civil Rights handle these complaints.

Summary: What Renters in Washington Need to Know

• Outside of Seattle, landlords can check and use criminal history within legal limits.
• Seattle renters have added protection: most landlords may not use criminal background checks.
• If you are denied, ask for an Adverse Action Notice and know your appeal rights.

Knowing your rights means you can challenge unfair denials and ensure landlords follow the law.

Need Help? Resources for Renters

• Washington State Human Rights Commission: File a Complaint
• Seattle Office for Civil Rights: Fair Chance Housing Enforcement
• Washington State Office of the Attorney General – Landlord-Tenant Resource
• Washington Residential Landlord-Tenant Act (RCW 59.18)

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1. Washington Residential Landlord-Tenant Act (RCW 59.18)
2. Washington State Human Rights Commission: File a Complaint
3. Seattle Fair Chance Housing Ordinance
4. CFPB Adverse Action Notice Sample

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