Proving Housing Discrimination in Washington Rentals

If you believe you've faced discrimination during a rental application in Washington, you're not alone. Discriminatory screening practices—like being denied for reasons unrelated to your qualifications—are illegal under Washington Law Against Discrimination (WLAD) and the federal Fair Housing Act. This guide explains how to identify, document, and report housing discrimination so you can protect your rights as a renter in Washington.

Understanding Discriminatory Screening in Washington

Discriminatory screening means a landlord treats you unfairly because of a protected characteristic. In Washington, it's illegal for housing providers to discriminate based on:

• Race or color
• National origin
• Sex or gender identity
• Sexual orientation
• Religion or creed
• Disability
• Familial status (presence of children)
• Military/veteran status
• Use of a service animal
• Source of income (such as housing vouchers)¹

Examples of discriminatory practices include stricter criteria for certain applicants, inconsistent or extra fees, or providing different information about availability to someone in a protected group.

How to Recognize Potential Discrimination

Look out for these warning signs when applying for a rental:

• Landlord applies different rules or requirements to you versus other applicants.
• You’re told a unit is unavailable—but someone else in a different group can view or apply for it.
• Application or screening fees seem unusually high or selectively charged.
• The landlord discourages you from applying because of your income source or family status.
• Written or verbal comments suggest bias (even unintentionally).

How to Collect Evidence of Discriminatory Screening

To prove your case, you’ll need to show either direct evidence of unequal treatment or patterns of discrimination. Useful steps include:

• Save all written communications (emails, texts, rejection letters).
• Document verbal interactions—write down dates, times, and what was said if anything felt off.
• Request a written reason for denial. In Washington, landlords must give written notice of the reason when they deny an application based on the consumer report or other criteria (RCW 59.18.257).
• Compare experiences—if possible, check if applicants with similar backgrounds but different protected characteristics received different treatment.
• Gather witnesses—statements from others who observed the process can be valuable.

Official Forms: Filing a Discrimination Complaint in Washington

If you suspect or have evidence of housing discrimination, you have the right to file a complaint. Here’s what’s most commonly used:

• Washington State Human Rights Commission (WSHRC) – Housing Discrimination Complaint Form
  
  • When to Use: If you believe a landlord or property manager discriminated against you during the application or rental process within Washington State.
  • Example: If your rental application was denied after disclosing your Section 8 voucher and you suspect discrimination based on income, you fill out this form.
  • Access the official Housing Discrimination Complaint Form
• HUD – Housing Discrimination Complaint Form (Form 903)
  
  • When to Use: For federal complaints if you believe your rights were violated under federal law (Fair Housing Act). Many cases are dual-filed both with WSHRC and the U.S. Department of Housing and Urban Development (HUD).
  • Example: If you experience discrimination because of your race, you may submit this form alongside your state complaint.
  • File with HUD’s online form

Both agencies will review your complaint, may investigate, and could arrange mediation or legal action if they find discrimination. Learn more at the Washington State Human Rights Commission.

Action Steps: What Renters Should Do

• Document everything—save texts, emails, and notes about conversations.
• Request written reasons for any application denial (landlords in Washington are required to provide this under RCW 59.18.257).
• File a complaint as soon as possible with the WSHRC or HUD. You can also contact a local fair housing agency.
• Be prepared to provide all evidence you have when submitting your complaint.

Relevant Tenancy Tribunal and Legislation

Washington’s official tribunal handling rental disputes and fair housing cases is the Washington State Human Rights Commission (WSHRC). Key tenancy laws include the Residential Landlord-Tenant Act (RCW 59.18) and Washington Law Against Discrimination (RCW 49.60).²

Frequently Asked Questions

1. What kinds of proof do I need to show housing discrimination in Washington?
   Your best proof is a combination of written records (emails, letters), evidence of different treatment compared to others, and any statements that suggest bias. Screenshots, witness statements, or showing landlords applied different standards to you than to other applicants can be valuable.
2. How quickly must I file a discrimination complaint?
   Washington law requires complaints to be filed within one year of the discriminatory act. Filing as soon as possible helps your claim.³
3. What happens after I file a housing discrimination complaint?
   The WSHRC reviews your case, may investigate, and can attempt mediation or formal proceedings if evidence supports your claim. You will be updated throughout the process.
4. If denied a rental, can I ask my landlord for the reason?
   Yes. Washington law requires landlords to provide the written reason for a denial if you request it. This can help identify possible discrimination.
5. Are housing voucher holders protected by law in Washington?
   Yes. Landlords cannot refuse applicants based solely on legal sources of income such as Section 8 or other rental subsidies.⁴

Key Takeaways for Washington Renters

• Keep thorough documentation during the rental application process.
• If you suspect discrimination, act quickly by gathering evidence and submitting a complaint with the WSHRC or HUD.
• Washington law protects renters from discriminatory screening based on race, income source, family status, and more.

Need Help? Resources for Renters

• Washington State Human Rights Commission (WSHRC) — File complaints and access resources.
• U.S. Department of Housing and Urban Development (HUD) — File a federal fair housing complaint.
• Washington Attorney General’s Office — Fair Housing Overview
• Washington Law Help – Tenant Rights Tools and Self-Help

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1. RCW 59.18.255 - Discrimination based on source of income prohibited
2. Residential Landlord-Tenant Act (RCW 59.18) and Washington Law Against Discrimination (RCW 49.60)
3. Washington State Human Rights Commission – Fair Housing FAQ
4. RCW 59.18.255 - Source of income discrimination

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