Washington Renters’ Rights: Familial Status Discrimination Explained

Facing discrimination as a renter can be distressing, especially for families concerned about securing safe and stable housing. In Washington State, laws protect against familial status discrimination, ensuring landlords cannot treat renters unfairly because they have children or are seeking custody. This article will guide you through your rights, legal protections, and the steps you can take if you suspect discrimination.

Understanding Familial Status Discrimination in Washington State

Familial status means being a parent, guardian, pregnant person, or someone in the process of obtaining custody of a child under 18. It is illegal under both federal and Washington state law for landlords to discriminate against renters based on this status. Examples include refusing to rent to families with children, setting different rules for families, or advertising "adults only" rentals.

Key Protections Under Federal and State Law

• The Fair Housing Act (federal law) makes it unlawful to discriminate due to familial status.
• Washington state law expands on these protections through the Washington Law Against Discrimination (WLAD), safeguarding renters from familial status discrimination in both private and public housing.^[1]

These laws apply to most housing situations, with few exceptions (like certain owner-occupied buildings with four units or fewer).

Examples of Familial Status Discrimination

• Refusing to rent an apartment to a family because they have children.
• Offering different rental terms (like higher deposits) for tenants with kids.
• Publishing advertisements saying "no children" or "adults only."
• Restricting families with children to specific buildings or floors.

If you encounter these situations, you may have grounds for a discrimination complaint.

Your Rights and How to Respond

If you suspect familial status discrimination, you have the right to file a complaint. Washington renters can make a complaint at:

• The Washington State Human Rights Commission (WSHRC) – Fair Housing Division
• The U.S. Department of Housing and Urban Development (HUD)

Official Tribunal for Rental Disputes in Washington

The Washington State Human Rights Commission (WSHRC) is the state authority handling discrimination cases, including those involving residential tenancies.

Relevant Forms for Washington Renters

• WSHRC Fair Housing Complaint Form
  
  • Form Name: Discrimination Complaint Form
  • When and How Used: File this if you believe you've been denied housing, steered, or treated differently based on familial status. For instance, use it if a landlord refuses your application because you have kids.
  • Access the Discrimination Complaint Form here
• HUD Form 903 Online/Printable Housing Discrimination Complaint
  
  • Form Name: Housing Discrimination Complaint Form (HUD-903)
  • When and How Used: File this federally if you feel your rights under the Fair Housing Act were violated. For example, if you receive "adults only" advertising or are denied a rental after disclosing you have children.
  • File HUD Form 903 online or download printable versions

How to File a Familial Status Discrimination Complaint in Washington

• Document the incident (dates, what happened, and who was involved).
• Contact the Washington State Human Rights Commission or HUD to start the process.
• Submit the required form with a clear statement of events and copies of any supporting evidence.

After filing, the agency will investigate and may attempt to mediate or resolve the issue. If evidence supports your claim, remedies could include policy changes, compensation, or allowing you to rent the disputed property.

FAQ: Washington Fair Housing for Families

1. Is it legal for my landlord to refuse to rent to me because I have children?
   No. Under both federal and Washington law, refusing to rent because of children is almost always unlawful—unless a rare exemption applies.
2. What can I do if I see a rental ad that says 'no kids'?
   You can report this to the Washington State Human Rights Commission or file a complaint with HUD. Such ads are likely illegal.
3. Can my landlord charge me a higher deposit if I have children?
   Generally, no. Landlords cannot set different terms, such as deposits, solely based on familial status.
4. Are there any exceptions to these protections?
   Some exceptions exist for certain owner-occupied buildings, and housing for older persons may be exempt. Check with the Human Rights Commission if unsure.
5. How long do I have to file a complaint?
   You must file complaints with the Washington State Human Rights Commission within one year of the alleged discrimination.

Key Takeaways for Washington Renters

• Familial status discrimination is illegal under state and federal law.
• Washington renters can file complaints online with the Human Rights Commission or HUD.
• Maintain a record of all interactions related to your rental application or tenancy.

Washington's fair housing laws provide strong protections—know your rights and where to turn for help when needed.

Need Help? Resources for Renters

• Washington State Human Rights Commission – Fair Housing Information & Complaint Filing
• HUD – Office of Fair Housing and Equal Opportunity
• WashingtonLawHelp.org – Fair Housing for Renters
• Washington State Attorney General's Consumer Protection Division: Learn about your rights here

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1. Washington Residential Landlord-Tenant Act (RCW 59.18); Washington Law Against Discrimination (RCW 49.60); Fair Housing Act (Title VIII of the Civil Rights Act of 1968)

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