SENATE BILL REPORT
SHB 1746
BYHouse Committee on Housing (originally sponsored by Representatives Locke, Todd, Anderson and Wineberry; by request of Human Rights Commission)
Prohibiting discrimination in real estate transactions because of parental status.
House Committe on Housing
Senate Committee on Law & Justice
Senate Hearing Date(s):March 30, 1989; February 15, 1990; February 16, 1990
Majority Report: Do pass as amended.
Signed by Senators Nelson, Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Talmadge, Thorsness.
Senate Staff:Ben Barnes (786-7465)
February 20, 1990
AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 16, 1990
BACKGROUND:
The primary federal law on reducing or prohibiting discrimination in housing is the Fair Housing Act. This act was passed in 1968 and prohibits discrimination in housing on the basis of sex, race, color, religion, or national origin. The act applies to the sale or rental of housing when the seller or landlord owns three or more units. This act also applies to realtors, lenders, and other persons or companies engaged in the business of selling, renting, or financing housing.
The 1988 amendments to the Fair Housing Act: (1) added handicapped persons and familial status (families with children) to the list of protected classes, and (2) provided the Department of Housing and Urban Development with more administrative authority to enforce the act.
To protect families with children, the 1988 amendments require an owner to sell or rent to a family with children unless the housing is intended for older persons and either: (1) all those residing in the units are at least 62 years old, or (2) 80 percent of the units have at least one person who is at least 55 years old.
The primary state law on reducing or prohibiting discrimination in housing is part of the laws against discrimination administered by the Human Rights Commission. Discrimination on the basis of race, creed, color, national origin, sex, or handicap in real estate transactions is prohibited.
A real estate transaction includes the sale, exchange, purchase, rental, or lease of real property.
A person who is discriminated against in a real estate transaction may seek remedies through (1) a civil action, (2) the state Human Rights Commission, (3) state Consumer Protection Act because the discrimination is defined as an unfair practice, and (4) the federal Fair Housing Act.
SUMMARY:
Discrimination in real estate transactions on the basis of familial status is prohibited.
"Familial status" is defined as a parent, stepparent, adoptive parent, guardian, foster parent, or custodian who resides with his or her minor child or children. Pregnant women and persons in the process of securing legal custody of a minor are also included in this definition. The familial status provision does not apply to real estate that is (a) used to provide housing and services to elderly persons under a federal or state program; (b) intended for and occupied by persons at least 62 years of age; and (c) intended for occupancy by persons 55 years of age or older and at least 80 percent of the units are occupied by at least one person 55 years of age or older.
The Human Rights Commission may provide the same administrative remedies for discrimination in housing that are provided under federal law.
SUMMARY OF PROPOSED SENATE AMENDMENTS:
An owner is not required to sell, nor is a landlord required to rent, to family with children if the structure consists of four units or less and is owner-occupied.
Landlords are not prohibited from posting and enforcing reasonable rules of conduct and safety for minor children.
A technical change is made for clarification.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: Alan Momohara, Washington State Human Rights Commission (pro); Michael Mirra, Evergreen Legal Services (pro); Rick Slunaker, Yakima Valley Rental Association; Michele Radosevich