Complete Renewal with Core and Fair Housing (3 Hr)

The Fair Housing Act 1968 culminated in a movement to fight housing discrimination. It was passed at President Johnson's urging, a week after Martin Luther King, Jr. was killed. Its core ban made it illegal to refuse to sell, rent, or negotiate with any individual because the individual falls within the protected classes. Civil rights activists had been pushing to quickly enact fair housing legislation before the funeral of Dr. Martin Luther King. After a short House hearing, it was passed and sent to President Lyndon B. Johnson for his signature on April 11, 1968.

Who Is Protected?

The Fair Housing Act prohibits discrimination in housing because of:

• Race
• Color
• National Origin
• Religion
• Sex (including gender identity and sexual orientation)
• Familial Status
• Disability

What Types of Housing Are Covered?

The Fair Housing Act covers most housing. In very limited circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family houses sold or rented by the owner without the use of an agent, and housing operated by religious organizations and private clubs that limit occupancy to members.

What Is Prohibited?

It is illegal discrimination to take any of the following actions because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin:

• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Otherwise make housing unavailable
• Set different terms, conditions, or privileges for the sale or rental of a dwelling
• Provide a person different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
• Make, print, or publish any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination
• Impose different sales prices or rental charges for the sale or rental of a dwelling
• Use different qualification criteria or applications, or sale or rental standards or procedures, such as income standards, application requirements, application fees, credit analyses, sale or rental approval procedures, or other requirements
• Evict a tenant or a tenant's guest
• Harass a person
• Fail or delay the performance of maintenance or repairs
• Limit privileges, services, or facilities of a dwelling
• Discourage the purchase or rental of a dwelling
• Assign a person to a particular building or neighborhood or section of a building or neighborhood
• For profit, persuade, or try to persuade, homeowners to sell their homes by suggesting that people of a particular protected characteristic are about to move into the neighborhood (blockbusting)
• Refuse to provide or discriminate in the terms or conditions of homeowners insurance because of the race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin of the owner and/or occupants of a dwelling
• Deny access to or membership in any multiple listing service or real estate brokers' organization

In Mortgage Lending:

It is illegal discrimination to take any of the following actions based on race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin:

• Refuse to make a mortgage loan or provide other financial assistance for a dwelling
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan, such as different interest rates, points, or fees
• Discriminate in appraising a dwelling
• Condition the availability of a loan on a person's response to harassment
• Refuse to purchase a loan

Harassment:

The Fair Housing Act makes it illegal to harass persons because of race, color, religion, sex (including gender identity and sexual orientation), disability, familial status, or national origin. Among other things, this forbids sexual harassment. 

Other Prohibitions:

In addition, it is illegal discrimination to:

• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing right or assisting others who exercise the right
• Retaliate against a person who has filed a fair housing complaint or assisted in a fair housing investigation

Advertising:

Publishers and advertisers are responsible under the Act for making, printing, or publishing an advertisement that violates the Act on its face. They should not publish or cause to be published an advertisement that on its face expresses a preference, limitation or discrimination on the basis of race, color, religion, sex, handicap, familial status, or national origin. 

To the extent that either the Advertising Guidelines or the case law do not state that particular terms or phrases (or closely comparable terms) may violate the Act, a publisher is not liable under the Act for advertisements which, in the context of the usage in a particular advertisement, might indicate a preference, limitation or discrimination, but where such a preference is not readily apparent to an ordinary reader. 

Complaints are not accepted against publishers concerning advertisements where the language might or might not be viewed as being used in a discriminatory context.

For example, 

HUD staff should not accept a complaint against a newspaper for running an advertisement which includes the phrase female roommate wanted because the advertisement does not indicate whether the requirements for the shared living exception have been met. Publishers can rely on the representations of the individual placing the ad that shared living arrangements apply to the property in question. 

Anyone placing such advertisements, however, is responsible for satisfying the conditions for the exemption. Thus, an ad for a female roommate could result in liability for the person placing the ad if the housing being advertised is a separate dwelling unit without shared living spaces.

Real estate advertisements should state no discriminatory preference or limitation regarding race, color, or national origin. Using words describing the housing, the current or potential residents, or the neighbors or neighborhood in racial or ethnic terms (i.e., white family home, no Irish) will create liability.

Advertisements should not contain an explicit preference, limitation, or discrimination on account of religion (i.e., no Jews, Christian home). Advertisements that use the legal name of an entity that contains a religious reference (for example, Roselawn Catholic Home), or those with a religious symbol (such as a cross) standing alone may indicate a religious preference. 

However, if such an advertisement includes a disclaimer (such as the statement "This Home does not discriminate on the basis of race, color, religion, national origin, sex, handicap or familial status"), it will not violate the Act.

Additional Protections For Persons With Disabilities:

Housing providers must make reasonable accommodations and allow reasonable modifications necessary to allow persons with disabilities to enjoy their housing. Certain multifamily housing must be accessible to persons with disabilities. 

Examples of Housing Discrimination

Housing discrimination can take many forms. Some examples of housing discrimination include:

Discrimination Isn’t Always Obvious

John, a Black man, speaks to a prospective landlord on the phone about leasing an apartment. On the phone, the landlord seems eager to rent to John, but when John meets with the landlord in person to fill out an application, the landlord's attitude is entirely different. A few days later, John received a letter saying that his application was denied because of a negative reference from his current landlord.

John is surprised because he has never had problems with his landlord, and his landlord swears she has never been contacted for a reference. John suspects that the real reason he was denied the apartment was because he is Black, so John filed a complaint with HUD. HUD investigates, and it turns out John is right, the landlord's files show a pattern of discrimination because of race and color.

Harassment Is A Form Of Discrimination

Jane has a Housing Choice Voucher (Section 8), but one month she fell behind on her portion of the rent. When Jane asks her landlord if he will give her a few more days, she says yes, but only if she goes out with him. Feeling she has no choice, Jane says yes.

Over the next few days, Jane's landlord sends her sexually explicit text messages even though Jane tells him to stop. Jane's landlord tells her that if she does not go out with him again, he will evict her, and she will lose her voucher. Jane filed a complaint with HUD because sexual harassment is a form of sex discrimination.

Rules Against Children Are Discriminatory

John has three teenage children. John's building has a patio with picnic tables, and one day, John's children decide to have lunch there with some of their friends. 

The next day, John receives a notice from the homeowners association informing him that the building rules say that the patio is for adult use only and that he must ensure his children do not violate the building rules.

John filed a complaint with HUD because building rules that discriminate against children are a form of familial status discrimination.

Mortgage Lending Discrimination Is Illegal

Jane and John are filling out an application for a mortgage at their local bank. Their loan officer notices that Jane is visibly pregnant and asks whether she will take maternity leave. When Jane says yes, the loan officer informs the couple that they must either apply without Jane's income or wait until she returns from leave.

“I'm sorry,” the loan officer says, “but I've seen too many women change their mind about returning to work.” Jane and John filed a complaint with HUD because the bank's policy discriminates based on sex (including gender identity and sexual orientation) and familial status.

Washington Law Against Discrimination

Washington's primary discrimination law is RCW 49.60.222, titled "Unfair practices with respect to real estate transactions, facilities, or services." It is unlawful to discriminate in a real estate transaction because of sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, families with children status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.

Prohibited activities include:

• Refusing to engage in a real estate transaction.
• Discriminating against a person in the terms, conditions, or privileges of a real estate transaction or in furnishing real estate facilities or services.
• Refusing to receive or failing to transmit a bona fide offer to engage in a real estate transaction.
• Refusing to negotiate for a real estate transaction.
• Representing that real property is not available for inspection, sale, rental, or lease when it is, failing to bring a property listing to a person's attention, or refusing to allow inspection.
• Discriminating in the sale or rental, or making property unavailable to any person, to a person who will reside in a property after it is sold or rented, or to any person associated with the buyer or renter.
• Making, printing, circulating, posting, mailing, or publishing a statement, advertisement, sign, or application for a real estate transaction that indicates, directly or indirectly, an intent to discriminate related to the transaction.
• Offering, soliciting, accepting, using, or retaining a listing of real property with the understanding that a person may be discriminated against in a real estate transaction or when providing facilities or services.
• Evicting a person from a property.
• Discriminating in the course of negotiating, executing, or financing a real estate transaction, whether by mortgage, deed of trust, contract, or other instrument imposing a lien or other security in real property, or in negotiating or executing any item or service, including the issuance of title insurance, mortgage insurance, loan guarantee, or other aspect of the transaction.

Q & A regarding Washington Law

Can I give my client demographic information that’s readily available on the Internet? 

Answering any information regarding demographics can raise potential fair housing issues later on. To be on the safe side, give your clients resources so they can access demographic information on their own. A lot of information is available by phone or on the Internet. If your client doesn’t have access to the Internet, let them know they can access it at their local library. 

A client is purchasing property as an investment and wants to know the price trends in that area. How should I answer him? 

Answer your client's question and tell the buyer how prices trend in that area. You have access to information that shows what comparable homes are going for, and that information doesn’t involve any fair housing issues. 

What information can I give my client during the 3-day neighborhood review that will not violate fair housing laws? 

During a 3-day neighborhood review (when a buyer can back out of an offer if there is something they do not like about the neighborhood), your client wants to ensure this considerable investment is suitable. If you want to provide a professional service that stands out, prepare a resource packet that lists online resources or telephone numbers for law enforcement agencies, schools, transportation services, census data, etc., for your local area. Your clients can do their homework; you don’t have to worry about potential fair housing implications. 

A Chinese family from the New York area asked me where Chinatown was. How should I answer? 

Responding to someone who asks where Chinatown is located (also known as the International District in Seattle) does not violate fair housing laws. 

Consider a slightly different situation, say you receive an out-of-town call from a Chinese prospect, and you only show them available units in Chinatown or areas you believe have more Chinese residents. That would be “steering” based on your client's protected class and violate fair housing laws. 

An African American couple wants to make an offer on an FSBO, which I showed them. When I contacted the seller, she asked what race my clients were. How should I respond? What if the seller simply refuses to deal with my clients? 

Tell the seller that you cannot give her that information under the fair housing laws and that the question is illegal. In a fair housing lawsuit with these facts, the court found that the real estate agent had "facilitated and participated" in discrimination simply by answering a seller's question about race, even though she immediately informed the seller that her question was discriminatory. In that case, the court imposed a civil penalty on the real estate agent to send a message that questions about race and color should remain unanswered. 

If the seller refuses to deal with your clients because of their race, let them know they can file a complaint of illegal discrimination under fair housing laws. You can provide important evidence in their case. You also may be able to file a complaint in this situation because you have been harmed in a real estate transaction, you lost the opportunity to receive a commission 

For safety reasons, I ask for a driver's license before working with a new prospect. Are there any fair housing issues here? 

Asking for photo IDs is okay if you're consistent and flexible. Real estate agents have established a policy of requesting identification from prospects for safety reasons or to verify identity. Fair housing laws do not prohibit such a practice as long as the request is not based on a prospect's protected class. For example, requiring ID only from people who appear to be immigrants would be discriminatory. Requiring a specific form of photo ID — such as a driver's license, may be prejudiced because it can have a disproportionate impact on members of certain protected classes, such as some people with disabilities or immigrants from other countries who may not have driver's licenses. 

Protected Classes

What follows are definitions and practical advice from the Washington Human Rights Commission:

Honorably Discharged Veteran & Military Status In Housing

Under the Washington Law Against Discrimination RCW 49.60, it is illegal to discriminate based on "honorably discharged veteran or military status." The law applies to:

• Any individual who served in any branch of the Armed Forces, including the National Guard and Reserves, fulfilled his or her service obligations and received an honorable discharge or a discharge for medical reasons with a good record.

• Any individual who is currently an active or reserve member in any branch of the Armed Forces.

Under the Fair Housing Act, housing providers cannot:

• Use ads that prohibit military persons
• Deny an applicant based on military or veteran status
• Apply different terms or conditions
• Make disparaging comments about the appearance or practice of a military or veteran group
• Enforce a neutral rule that has a disproportionately negative impact on military persons or veterans.

Some potential signs of veteran or military status-based discrimination could be:

• Prioritizing applicants on a waiting list based on veteran status
• Setting different rents or fees for tenants based on veteran or military status
• Delaying repair requests based on a tenant’s perceived veteran status
• Considering a tenant’s military status before pursuing eviction

Any housing provider who discharges, expels or otherwise discriminates against a person for filing a complaint with the Human Rights Commission is engaging in an unfair practice. If a Veteran or person with military status feels that a housing provider has acted in retaliation for his or her filing a complaint, that should also be reported.

Creed In Housing

The Fair Housing Act provides specific protections regardless of religious background. Although the Fair Housing Act does not define religion, a housing provider cannot discriminate based on a “faith/belief system.” Creed is also protected under Washington state law and refers to the perception of a faith/belief system by others based on how someone may dress, symbols in their home or business, jewelry, and/or other items that may lead to discrimination based on another person’s negative perception.

 Under the Fair Housing Act, housing providers cannot:

• Use ads that target particular religious groups or appear to have a preference for one religious group over another
• Ask about an applicant’s or tenant’s religion
• Apply different terms or conditions
• Deny applications based on Creed
• Steer individuals to specific neighborhoods or areas of a complex because of their perceived religion
• Make disparaging comments about the appearance or practice of a religious group
• Prohibit only specific decorations during religious holidays

Exemptions:

In some instances, housing providers may give preference to its members in the sale, rental, or occupancy of non-commercial housing if the following factors are met:

• Owned by a religious organization
• Provides a purpose other than commercial use (i.e. case management, rehabilitation, monastery, etc.)
• It is limited to members of the same religion
• It is not further restricted based on race, color or national origin.

Some potential signs of religious discrimination could be

• Prioritizing applicants on a waiting list based on religion,
• Setting different rents or fees for tenants based on religion,
• Prioritizing repair requests based on a tenant’s perceived religion,
• Allowing some religious décor but not all
• Making exceptions to rules or offering amenities only to tenants of certain religions
• Considering a tenant’s religion before pursuing eviction

The U.S. Department of Housing and Urban Development (HUD) has suggested that landlords use “secularized terms or symbols” aimed at spreading holiday cheer rather than observing specific religions. For example, a tree decorated with lights is acceptable, while a prominently displayed nativity scene may be seen as violating the Fair Housing Act.

Retaliation

Section 818 of the Fair Housing Act makes it unlawful to retaliate against anyone because a person has filed a discrimination complaint or has assisted someone with filing a discrimination complaint.

Under the Fair Housing Act, housing providers cannot:

• Intimidate any person because that person is engaging in activities designed to make other persons aware of or encouraging such other persons to exercise rights granted or protected by the Fair Housing laws.
• Threaten any employee or agent with dismissal or an adverse employment action, or take such adverse employment action, for any effort to assist any person in exercising their Fair Housing rights.

Some potential signs of retaliation could be:

• Failing to renew a lease because a person has filed a fair housing complaint
• Firing an employee who has assisted a tenant with a reasonable accommodation request
• Requiring that a medical provider be willing to testify in court about the nature of their client’s disability.
• Enforcing different terms and conditions for a tenant after they have filed a fair housing complaint.
• Ignoring maintenance requests from a tenant who previously filed a fair housing complaint

Timing

Timing is an essential factor in establishing retaliation. As such, housing providers are encouraged to be thoughtful in their responses and actions once they know a tenant has filed a fair housing complaint. 

To avoid the perception of retaliation when other actions are necessary to address the tenant’s behavior or situation (i.e., breaking community rules, damage to the unit, etc.), housing providers should:

• Document all communication
• Ensure there is a legitimate business reason for any action that takes place after a fair housing complaint has been filed
• Follow standard policies and procedures applied to all tenants

Even if a housing provider believes the original complaint lacks merit, a housing provider cannot engage in activities that may be seen as threatening, intimidating or hurting the individual who has exercised their fair housing rights. 

Sexual Orientation and Gender Identity In Housing

Sexual orientation and gender identity are protected in Washington real estate transactions. While federal policy in this area is currently in flux, Washington law remains unchanged and continues to control broker conduct in Washington transactions.

Federal Landscape (In Transition)

• On February 7, 2025, HUD announced it would "halt any pending or future enforcement actions" tied to the 2016 Equal Access Rule covering gender identity in HUD-funded shelters and Community Planning and Development (CPD) programs (HUD News Release No. 25-026).
• On April 28, 2026, HUD published a Proposed Rule, Equal Access to Housing in HUD Programs Revisions, that would "remove references to 'gender' and 'gender identity'" in covered HUD regulations and replace them with "sex," and would allow facilities to "require reasonable assurances or evidence to establish a person's sex" (91 FR 22779).
• As of May 2026, the underlying regulatory text at 24 CFR 5.105(a)(2) and 24 CFR 5.106 still references sexual orientation and gender identity protections. The change so far is in HUD's enforcement posture and a pending proposal, not a final repeal.

Washington Law (Controlling for WA Brokers)

Despite federal flux, the Washington Law Against Discrimination (WLAD), RCW 49.60, independently protects sexual orientation and gender identity in real estate transactions:

• Freedom from discrimination in real estate transactions is a civil right (RCW 49.60.030).
• "Sexual orientation" under WLAD expressly includes "gender expression or identity" (RCW 49.60.040(29)).
• It is an unfair practice to refuse to engage in a real estate transaction, apply different terms, deny a dwelling, use discriminatory advertising or inquiries, or discriminate in negotiating, executing, or financing a transaction because of sexual orientation (RCW 49.60.222).
• Coercion, intimidation, threats, or interference with real estate rights secured by WLAD are also unlawful (RCW 49.60.2235).
• The Washington State Human Rights Commission notes that Washington's fair housing law is "more expansive than the federal fair housing law" (WSHRC Fair Housing).

Broker Duties Are Unchanged

Federal enforcement shifts do not relax a Washington broker's duties:

• Brokers owe nonwaivable duties of reasonable skill and care, honesty, and good faith to all parties (RCW 18.86.030).
• Discrimination in real estate brokerage service activity is a disciplinary ground (RCW 18.85.361(15)).
• Designated and managing brokers must supervise compliance with Washington brokerage law (RCW 18.85.275(1)).
• The narrow owner-occupied exemption in RCW 49.60.222 does not apply where a broker or salesperson is used or where discriminatory advertising is involved.

Under WLAD, in real estate transactions a broker cannot:

• Refuse to show, list, sell, rent, or finance a dwelling because of sexual orientation or gender identity
• Apply different terms, conditions, fees, or service levels based on sexual orientation or gender identity
• Make disparaging comments about a client's perceived gender, gender expression, or sexual orientation
• Steer clients to particular neighborhoods, buildings, or complexes based on real or perceived sexual orientation or gender identity
• Ask intrusive questions about a person's anatomy, transition status, medical history, or "real" gender
• Carry out a seller's or landlord's instruction to exclude or disfavor LGBTQ buyers or tenants

Some potential signs of sexual orientation or gender identity discrimination:

• Prioritizing applicants on a waiting list based on sex or gender identity
• Setting different rents, fees, or commissions based on sexual orientation
• Failing to renew a lease once a housing provider becomes aware of a tenant's sexual orientation
• Considering a tenant's gender expression before pursuing eviction
• Requesting photo ID or legal-name documentation only from clients perceived to be transgender or nonbinary

Practical Rule for Washington Brokers

If Washington law protects it, brokers follow Washington law regardless of temporary federal enforcement shifts. Request identification on a neutral, equal basis for all clients, protect confidentiality where a legal name or gender marker differs from the name or gender a client uses, and treat any discriminatory instruction from a seller, landlord, or other party as a prohibited instruction, not a client preference to implement.

Housing complaints to the Washington State Human Rights Commission must generally be filed within one year of the alleged unfair practice (RCW 49.60.230(2)(a)). Administrative remedies can include actual damages, injunctive relief, and civil penalties (RCW 49.60.225).

Hate & Bias Crimes in Housing

If anyone is in immediate danger due to an act of hate, call 9-1-1. If the threatening act has already occurred and/or there is no longer an immediate danger, contact your local police department.

Statistics

Despite the socio-political progress the state of Washington has achieved over the years, our local police departments still report hundreds of hate crime incidents every year. In 2018, there have been 450+ reports of bias/hate crime incidents just within King County according to Seattle Police Department’s Bias/Hate Crime Data Dashboard (link is external).

According to the FBI Hate Crime Statistics of 2017 (link is external), 27.5% of all hate crime incidents across the nation occur in or near residences and family homes.

Defining Hate Crime

Within the state of Washington, a hate crime is defined as an illegal act that is motivated by bias, bigotry, or prejudice against a person or people based on their perceived race, ethnicity, religion, gender, sexual orientation, gender identity, or disability.

Under the state laws and statutes related to RCW 9A.36, “a person is guilty of malicious harassment if he or she maliciously and intentionally commits one of the following acts because of his or her perception of the victim’s race, color, religion, ancestry, national origin, gender, sexual orientation or mental, physical, or sensory handicap:

• Causes physical injury to the victim or another person;
• Causes physical damage to or destruction of the property of the victim or another person; or
• Threatens a specific person or group of persons and places that person, or members of that specific group of persons in reasonable fear of harm to person or property”

To learn more about RCW 9A.36 statutes, click here. (link is external)

It is essential to understand the difference between “hate crimes” (criminal acts) and “hate-based incidents” (non-criminal conduct or words).

Disability In Housing

The Fair Housing Act provides specific protections regardless of disability.

Disability is defined as

• Physical or mental impairment that limits one or more major life activities, OR
• A record of such an impairment, OR
• Being regarded as having such an impairment
• Includes people who have temporary disabilities

Verifying a disability:

If a person has a visible disability and their request is reasonably tied to their disability, then no further verification is needed. However, if the disability is not obvious, or the connection between the disability and what the person with the disability is requesting is not clear, then additional verification may be necessary.

NOTE: Verification can come from any of the following neutral third parties:

• Doctors, nurses, or other medical staff
• Mental health professionals
• Clergy or religious leaders
• Social and case workers
• Caregivers

Under the Fair Housing Act, housing providers cannot:

• Deny entry due to disability
• Ask about an applicant’s medical history, duration or severity of the disability
• Apply different terms or conditions to persons with disabilities
• Steer individuals to certain neighborhoods or areas of a complex because of their disability
• Make disparaging comments about the appearance or behavior of a person with a disability