AN ACT Relating to meeting federal fair housing
act requirements for housing equivalency; amending RCW 49.60.030, 49.60.120,
49.60.222, 49.60.223, 49.60.224, 49.60.225, 49.60.227, 49.60.230, 49.60.240,
49.60.250, 49.60.260, and 49.60.330; reenacting and amending RCW 49.60.040; adding
new sections to chapter 49.60 RCW; and prescribing penalties.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.
RCW 49.60.030 and 1984 c 32 s 2 are each amended to read as follows:
(1) The right to be free from discrimination
because of race, creed, color, national origin, sex, or the presence of any
sensory, mental, or physical ((handicap)) disability is
recognized as and declared to be a civil right. This right shall include, but
not be limited to:
(a) The right to obtain and hold employment
without discrimination;
(b) The right to the full enjoyment of any of
the accommodations, advantages, facilities, or privileges of any place of
public resort, accommodation, assemblage, or amusement;
(c) The right to engage in real estate
transactions without discrimination, including discrimination against
families with children;
(d) The right to engage in credit transactions
without discrimination;
(e) The right to engage in insurance
transactions or transactions with health maintenance organizations without
discrimination: PROVIDED, That a practice which is not unlawful under RCW
48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for
the purposes of this subparagraph; and
(f) The right to engage in commerce free from
any discriminatory boycotts or blacklists. Discriminatory boycotts or
blacklists for purposes of this section shall be defined as the formation or
execution of any express or implied agreement, understanding, policy or contractual
arrangement for economic benefit between any persons which is not specifically
authorized by the laws of the United States and which is required or imposed,
either directly or indirectly, overtly or covertly, by a foreign government or
foreign person in order to restrict, condition, prohibit, or interfere with or
in order to exclude any person or persons from any business relationship on the
basis of race, color, creed, religion, sex, national origin or lawful business
relationship: PROVIDED HOWEVER, That nothing herein contained shall prohibit
the use of boycotts as authorized by law pertaining to labor disputes and
unfair labor practices.
(2) Any person deeming himself or herself
injured by any act in violation of this chapter shall have a civil action in a
court of competent jurisdiction to enjoin further violations, or to
recover the actual damages sustained ((by him)), or both, together with
the cost of suit including ((a)) reasonable ((attorney's)) attorneys'
fees or any other appropriate remedy authorized by this chapter or the
United States Civil Rights Act of 1964 as amended, or the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.); and
(3) Notwithstanding any other provisions of
this chapter, any act prohibited by this chapter related to sex discrimination
or discriminatory boycotts or blacklists which is committed in the course of
trade or commerce in the state of Washington as defined in the Consumer
Protection Act, chapter 19.86 RCW, shall be deemed an unfair practice within
the meaning of RCW 19.86.020 and 19.86.030 and subject to all the provisions of
chapter 19.86 RCW as now or hereafter amended.
NEW SECTION. Sec. 2. A
new section is added to chapter 49.60 RCW to read as follows:
(1) The superior courts of the state of
Washington shall have jurisdiction upon petition of the commission, through the
attorney general, to seek appropriate temporary or preliminary relief to enjoin
any unfair practice in violation of RCW 49.60.222 through 49.60.225, from which
prompt judicial action is necessary to carry out the purposes of this chapter.
(2) The commencement of a civil action under
this section does not preclude the initiation or continuation of administrative
proceedings under this chapter.
Sec. 3.
RCW 49.60.040 and 1985 c 203 s 2 and 1985 c 185 s 2 are each reenacted and
amended to read as follows:
As used in this chapter:
(1) "Person" includes one or
more individuals, partnerships, associations, organizations, corporations,
cooperatives, legal representatives, trustees and receivers, or any group of
persons; it includes any owner, lessee, proprietor, manager, agent, or
employee, whether one or more natural persons; and further includes any
political or civil subdivisions of the state and any agency or instrumentality
of the state or of any political or civil subdivision thereof;
(2) "Commission" means the
Washington state human rights commission;
(3) "Employer" includes any
person acting in the interest of an employer, directly or indirectly, who
employs eight or more persons, and does not include any religious or sectarian
organization not organized for private profit;
(4) "Employee" does not
include any individual employed by his or her parents, spouse, or child, or in
the domestic service of any person;
(5) "Labor organization"
includes any organization which exists for the purpose, in whole or in part, of
dealing with employers concerning grievances or terms or conditions of
employment, or for other mutual aid or protection in connection with
employment;
(6) "Employment agency"
includes any person undertaking with or without compensation to recruit,
procure, refer, or place employees for an employer;
(7) "National origin" includes
"ancestry";
(8) "Full enjoyment of"
includes the right to purchase any service, commodity, or article of personal
property offered or sold on, or by, any establishment to the public, and the
admission of any person to accommodations, advantages, facilities, or
privileges of any place of public resort, accommodation, assemblage, or
amusement, without acts directly or indirectly causing persons of any
particular race, creed, color, sex, or with any sensory, mental, or physical ((handicap))
disability, or a blind or deaf person using a trained dog guide, to be
treated as not welcome, accepted, desired, or solicited;
(9) "Any place of public resort,
accommodation, assemblage, or amusement" includes, but is not limited to,
any place, licensed or unlicensed, kept for gain, hire, or reward, or where
charges are made for admission, service, occupancy, or use of any property or
facilities, whether conducted for the entertainment, housing, or lodging of
transient guests, or for the benefit, use, or accommodation of those seeking
health, recreation, or rest, or for the burial or other disposition of human
remains, or for the sale of goods, merchandise, services, or personal property,
or for the rendering of personal services, or for public conveyance or
transportation on land, water, or in the air, including the stations and terminals
thereof and the garaging of vehicles, or where food or beverages of any kind
are sold for consumption on the premises, or where public amusement,
entertainment, sports, or recreation of any kind is offered with or without
charge, or where medical service or care is made available, or where the public
gathers, congregates, or assembles for amusement, recreation, or public
purposes, or public halls, public elevators, and public washrooms of buildings
and structures occupied by two or more tenants, or by the owner and one or more
tenants, or any public library or educational institution, or schools of
special instruction, or nursery schools, or day care centers or children's
camps: PROVIDED, That nothing contained in this definition shall be construed
to include or apply to any institute, bona fide club, or place of
accommodation, which is by its nature distinctly private, including fraternal
organizations, though where public use is permitted that use shall be covered
by this chapter; nor shall anything contained in this definition apply to any
educational facility, columbarium, crematory, mausoleum, or cemetery operated
or maintained by a bona fide religious or sectarian institution;
(10) "Real property" includes
buildings, structures, dwellings, real estate, lands, tenements,
leaseholds, interests in real estate cooperatives, condominiums, and
hereditaments, corporeal and incorporeal, or any interest therein;
(11) "Real estate transaction"
includes the sale, appraisal, brokering, exchange, purchase, rental, or
lease of real property, transacting or applying for a real estate loan, or
the provision of brokerage services;
(12) "Dwelling" means any
building, structure, or portion thereof that is occupied as, or designed or
intended for occupancy as, a residence by one or more families, and any vacant
land that is offered for sale or lease for the construction or location thereon
of any such building, structure, or portion thereof;
(13) "Sex" means gender((.));
(14) "Aggrieved person" means any
person who: (a) Claims to have been injured by an unfair practice in a real
estate transaction; or (b) believes that he or she will be injured by an unfair
practice in a real estate transaction that is about to occur;
(15) "Complainant" means the
person who files a complaint in a real estate transaction;
(16) "Credit transaction"
includes any open or closed end credit transaction, whether in the nature of a
loan, retail installment transaction, credit card issue or charge, or
otherwise, and whether for personal or for business purposes, in which a
service, finance, or interest charge is imposed, or which provides for
repayment in scheduled payments, when such credit is extended in the regular
course of any trade or commerce, including but not limited to transactions by
banks, savings and loan associations or other financial lending institutions of
whatever nature, stock brokers, or by a merchant or mercantile establishment
which as part of its ordinary business permits or provides that payment for
purchases of property or service therefrom may be deferred;
(17) "Families with children
status" means when one or more individuals who have not attained the age
of eighteen years is domiciled with a parent or another person having legal
custody of such individual or individuals, or with the designee of such parent
or other person having such legal custody, with the written permission of such
parent or other person. Families with children status also applies to any
person who is pregnant or is in the process of securing legal custody or
guardianship of any individual who has not attained the age of eighteen years.
Sec. 4.
RCW 49.60.120 and 1985 c 185 s 10 are each amended to read as follows:
The commission shall have the functions, powers
and duties:
(1) To appoint an executive secretary and chief
examiner, and such investigators, examiners, clerks, and other employees and
agents as it may deem necessary, fix their compensation within the limitations
provided by law, and prescribe their duties.
(2) To obtain upon request and utilize the
services of all governmental departments and agencies.
(3) To adopt, promulgate, amend, and rescind
suitable rules and regulations to carry out the provisions of this chapter, and
the policies and practices of the commission in connection therewith.
(4) To receive, impartially investigate,
and pass upon complaints alleging unfair practices as defined in this chapter.
(5) To issue such publications and such results
of investigations and research as in its judgment will tend to promote good
will and minimize or eliminate discrimination because of sex, race, creed,
color, national origin, marital status, age, or the presence of any sensory,
mental, or physical ((handicap)) disability.
(6) To make such technical studies as are
appropriate to effectuate the purposes and policies of this chapter and to
publish and distribute the reports of such studies.
(7) To cooperate and act jointly or by division
of labor with the United States or other states, and with political subdivisions
of the state of Washington and their respective human rights agencies to carry
out the purposes of this chapter. However, the powers which may be exercised
by the commission under this subsection permit investigations and complaint
dispositions only if the investigations are designed to reveal, or the
complaint deals only with, allegations which, if proven, would constitute
unfair practices under this chapter. The commission may perform such services
for these agencies and be reimbursed therefor.
(8) To foster good relations between minority
and majority population groups of the state through seminars, conferences,
educational programs, and other intergroup relations activities.
Sec. 5.
RCW 49.60.222 and 1989 c 61 s 1 are each amended to read as follows:
(1) It is an unfair practice for any
person, whether acting for himself, herself, or another, because of sex,
marital status, race, creed, color, national origin, families with children
status, the presence of any sensory, mental, or physical ((handicap))
disability, or the use of a trained guide dog or service dog by a blind,
deaf, or physically disabled person:
(((1))) (a) To refuse to engage
in a real estate transaction with a person;
(((2))) (b) To discriminate against
a person in the terms, conditions, or privileges of a real estate transaction
or in the furnishing of facilities or services in connection therewith;
(((3))) (c) To refuse to receive
or to fail to transmit a bona fide offer to engage in a real estate transaction
from a person;
(((4))) (d) To refuse to
negotiate for a real estate transaction with a person;
(((5))) (e) To represent to a
person that real property is not available for inspection, sale, rental, or
lease when in fact it is so available, or to fail to bring a property listing
to his or her attention, or to refuse to permit ((him)) the
person to inspect real property;
(((6))) (f) To discriminate in the
sale or rental, or to otherwise make unavailable or deny a dwelling to any
person because of a disability of that person, or a person residing in or
intending to reside in that dwelling after it is sold, rented, or made
unavailable; or any person associated with the person buying or renting;
(g) To make, print, circulate,
post, or mail, or cause to be so made or published a statement,
advertisement, or sign, or to use a form of application for a real estate
transaction, or to make a record or inquiry in connection with a prospective
real estate transaction, which indicates, directly or indirectly, an intent to
make a limitation, specification, or discrimination with respect thereto;
(((7))) (h) To offer, solicit,
accept, use, or retain a listing of real property with the understanding that a
person may be discriminated against in a real estate transaction or in the
furnishing of facilities or services in connection therewith;
(((8))) (i) To expel a person
from occupancy of real property;
(((9))) (j) To discriminate 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 related thereto including issuance of title insurance, mortgage
insurance, loan guarantee, or other aspect of the transaction. Nothing in this
section shall limit the effect of RCW 49.60.176 relating to unfair practices in
credit transactions; or
(((10))) (k) To attempt to do any
of the unfair practices defined in this section.
(2) For the purposes of this chapter
discrimination based on the presence of any sensory, mental, or physical
disability or the use of a trained guide dog or service dog by a blind, deaf,
or physically disabled person includes:
(a) A refusal to permit, at the expense of
the disabled person, reasonable modifications of existing dwelling occupied or
to be occupied by such person if such modifications may be necessary to afford
such person full enjoyment of the dwelling, except that, in the case of a
rental, the landlord may, where it is reasonable to do so, condition permission
for a modification on the renter agreeing to restore the interior of the
dwelling to the condition that existed before the modification, reasonable wear
and tear excepted;
(b) To refuse to make reasonable
accommodation in rules, policies, practices, or services when such
accommodations may be necessary to afford a person with the presence of any
sensory, mental, or physical disability and/or the use of a trained guide dog
or service dog by a blind, deaf, or physically disabled person equal
opportunity to use and enjoy a dwelling; or
(c) To fail to design and construct
dwellings in conformance with the federal fair housing amendments act of 1988
(42 U.S.C. Sec. 3601 et seq.) and all other applicable laws or regulations
pertaining to access by persons with any sensory, mental, or physical disability
or use of a trained guide dog or service dog. Whenever the requirements of
applicable laws or regulations differ, the requirements which require greater
accessibility for persons with any sensory, mental, or physical disability
shall govern.
For purposes of this subsection (2),
"dwelling" means any building, structure, or portion thereof that is
occupied as, or designed or intended for occupancy as, a residence by four or
more families, and any vacant land that is offered for sale or lease for the
construction or location thereon of any such building, structure, or portion
thereof.
(3) Notwithstanding any other provision
of ((law)) this chapter, it shall not be an unfair practice or a
denial of civil rights for any public or private educational institution to
separate the sexes or give preference to or limit use of dormitories, residence
halls, or other student housing to persons of one sex or to make distinctions
on the basis of marital or ((family)) families with children
status.
(4) Except pursuant to subsection (2)(a) of
this section, this section shall not be construed to require structural
changes, modifications, or additions to make facilities accessible to a ((handicapped))
disabled person except as otherwise required by law. Nothing in this
section affects the rights ((and)), responsibilities, and
remedies of landlords and tenants pursuant to chapter 59.18 or 59.20
RCW, including the right to post and enforce reasonable rules of conduct and
safety for all tenants and their guests, provided that chapters 59.18 and 59.20
RCW are only affected to the extent they are inconsistent with the
nondiscrimination requirements of this chapter. Nothing in this section limits
the applicability of any reasonable federal, state, or local restrictions regarding
the maximum number of occupants permitted to occupy a dwelling.
(5) Notwithstanding any other provision of
this chapter, it shall not be an unfair practice for any public establishment
providing for accommodations offered for the full enjoyment of transient guests
as defined by RCW 9.91.010(1)(c) to make distinctions on the basis of families
with children status. Nothing in this section shall limit the effect of RCW
49.60.215 relating to unfair practices in places of public accommodation.
(6) Nothing in this chapter prohibiting
discrimination based on families with children status applies to housing for
older persons as defined by the federal fair housing amendments act of 1988, 42
U.S.C. Sec. 3607(b)(1) through (3). Nothing in this chapter authorizes
requirements for housing for older persons different than the requirements in
the federal fair housing amendments act of 1988, 42 U.S.C. Sec 3607(b)(1)
through (3).
Sec. 6.
RCW 49.60.223 and 1979 c 127 s 9 are each amended to read as follows:
It is an unfair practice for any person, for
profit, to induce or attempt to induce any person to sell or rent any real
property by representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, creed, color, sex,
national origin, families with children status, or with any sensory,
mental, or physical ((handicap)) disability or the use of a trained
guide dog or service dog by a blind, deaf, or physically disabled person.
NEW SECTION. Sec. 7. A
new section is added to chapter 49.60 RCW to be codified between RCW 49.60.222
and 49.60.224 to read as follows:
It is an unlawful practice to coerce,
intimidate, threaten, or interfere with any person in the exercise or enjoyment
of, or on account of his or her having exercised or enjoyed, or on account of
his or her having aided or encouraged any other person in the exercise or
enjoyment of, rights regarding real estate transactions secured by RCW
49.60.030, 49.60.040, and 49.60.222 through 49.60.224.
Sec. 8.
RCW 49.60.224 and 1979 c 127 s 10 are each amended to read as follows:
(1) Every provision in a written instrument
relating to real property which purports to forbid or restrict the conveyance,
encumbrance, occupancy, or lease thereof to individuals of a specified race,
creed, color, sex, national origin, families with children status,
or with any sensory, mental, or physical ((handicap)) disability or
the use of a trained guide dog or service dog by a blind, deaf, or physically
disabled person, and every condition, restriction, or prohibition,
including a right of entry or possibility of reverter, which directly or
indirectly limits the use or occupancy of real property on the basis of race,
creed, color, sex, national origin, families with children status,
or the presence of any sensory, mental, or physical ((handicap)) disability
or the use of a trained guide dog or service dog by a blind, deaf, or
physically disabled person is void.
(2) It is an unfair practice to insert in a
written instrument relating to real property a provision that is void under
this section or to honor or attempt to honor such a provision in the chain of
title.
Sec. 9.
RCW 49.60.225 and 1985 c 185 s 19 are each amended to read as follows:
(1) When a reasonable cause
determination has been made under RCW ((49.60.250)) 49.60.240
that an unfair practice ((involving real property)) in a real estate
transaction has been committed and a finding has been made that the
respondent has engaged in any unfair practice under RCW 49.60.250, the ((commission
may, in addition to other relief authorized by RCW 49.60.250, award the
complainant up to one thousand dollars)) administrative law judge shall
promptly issue an order for such relief suffered by the aggrieved person as may
be appropriate, which may include actual damages as provided by Title VIII of
the United States civil rights act of 1964, as amended, and the federal fair
housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), and injunctive or
other equitable relief. Such order may, to further the public interest, assess
a civil penalty against the respondent:
(a) In an amount up to ten thousand dollars
if the respondent has not been determined to have committed any prior unfair
practice in a real estate transaction;
(b) In an amount up to twenty-five thousand
dollars if the respondent has been determined to have committed one other
unfair practice in a real estate transaction during the five-year period ending
on the date of the filing of this charge; or
(c) In an amount up to fifty thousand
dollars if the respondent has been determined to have committed two or more
unfair practices in a real estate transaction during the seven-year period
ending on the date of the filing of this charge, for loss of the right
secured by RCW 49.60.010, 49.60.030, 49.60.040, and 49.60.222 through ((49.60.226))
49.60.224, as now or hereafter amended, to be free from discrimination
in real property transactions because of sex, marital status, race, creed,
color, national origin, families with children status, or the presence
of any sensory, mental, or physical ((handicap)) disability or the
use of a trained guide dog or service dog by a blind, deaf, or physically
disabled person. Enforcement of the order and appeal therefrom by the
complainant or respondent ((shall)) may be made as provided in
RCW 49.60.260 and 49.60.270. If acts constituting the unfair practice in a
real estate transaction that is the object of the charge are determined to have
been committed by the same natural person who has been previously determined to
have committed acts constituting an unfair practice in a real estate
transaction, then the civil penalty of up to fifty thousand dollars may be
imposed without regard to the period of time within which any subsequent unfair
practice in a real estate transaction occurred. All civil penalties assessed
under this section shall be paid into the state treasury and credited to the
general fund.
(2) Such order shall not affect any
contract, sale, conveyance, encumbrance, or lease consummated before the
issuance of an order that involves a bona fide purchaser, encumbrancer, or
tenant who does not have actual notice of the charge filed under this chapter.
(3) Notwithstanding any other provision of
this chapter, persons awarded damages under this section may not receive
additional damages pursuant to RCW 49.60.250.
Sec. 10.
RCW 49.60.227 and 1987 c 56 s 2 are each amended to read as follows:
If a written instrument contains a provision
that is void by reason of RCW 49.60.224, the owner, occupant, or tenant
of the property which is subject to the provision may cause the provision to be
stricken from the public records by bringing an action in the superior court in
the county in which the property is located. The action shall be an in rem,
declaratory judgment action whose title shall be the description of the
property. The necessary party to the action shall be the owner, occupant,
or tenant of the property or any portion thereof.
If the court finds that any provisions of the
written instrument are void under RCW 49.60.224, it shall enter an order
striking the void provisions from the public records and eliminating the void
provisions from the title or lease of the property described in the
complaint.
Sec. 11.
RCW 49.60.230 and 1985 c 185 s 21 are each amended to read as follows:
(1) Who may file a complaint:
(((1))) (a) Any person claiming
to be aggrieved by an alleged unfair practice may, personally or by his or her
attorney, make, sign, and file with the commission a complaint in writing under
oath. The complaint shall state the name and address of the person alleged to
have committed the unfair practice and the particulars thereof, and contain
such other information as may be required by the commission.
(((2))) (b) Whenever it has
reason to believe that any person has been engaged or is engaging in an unfair
practice, the commission may issue a complaint.
(((3))) (c) Any employer or
principal whose employees, or agents, or any of them, refuse or threaten to
refuse to comply with the provisions of this chapter may file with the
commission a written complaint under oath asking for assistance by conciliation
or other remedial action.
(2) Any complaint filed pursuant to this
section must be so filed within six months after the alleged act of
discrimination except that complaints alleging an unfair practice in a real
estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be so filed
within one year after the alleged unfair practice in a real estate transaction
has occurred or terminated.
Sec. 12.
RCW 49.60.240 and 1985 c 185 s 22 are each amended to read as follows:
After the filing of any complaint, the
chairperson of the commission shall refer it to the appropriate section of the
commission's staff for prompt investigation and ascertainment of the facts
alleged in the complaint. The investigation shall be limited to the alleged
facts contained in the complaint. The results of the investigation shall be
reduced to written findings of fact, and a finding shall be made that there is
or that there is not reasonable cause for believing that an unfair practice has
been or is being committed. A copy of said findings shall be furnished to the
complainant and to the person named in such complaint, hereinafter referred to
as the respondent.
If the finding is made that there is reasonable
cause for believing that an unfair practice has been or is being committed, the
commission's staff shall immediately endeavor to eliminate the unfair practice
by conference, conciliation, and persuasion.
If an agreement is reached for the elimination
of such unfair practice as a result of such conference, conciliation,
and persuasion, the agreement shall be reduced to writing and signed by the
respondent, and an order shall be entered by the commission setting forth the
terms of said agreement. No order shall be entered by the commission at this
stage of the proceedings except upon such written agreement, except that
during the period beginning with the filing of complaints alleging an unfair
practice with respect to real estate transactions pursuant to RCW 49.60.222
through 49.60.225, and ending with the filing of a finding of reasonable cause
or a dismissal by the commission, the commission staff shall, to the extent
feasible, engage in conciliation with respect to such complaint. Any
conciliation agreement arising out of conciliation efforts by the commission
shall be an agreement between the respondent and the complainant and shall be
subject to the approval of the commission. Each conciliation agreement shall
be made public unless the complainant and respondent otherwise agree and the
commission determines that disclosure is not required to further the purposes
of this chapter.
If no such agreement can be reached, a finding
to that effect shall be made and reduced to writing, with a copy thereof
furnished to the complainant and the respondent.
NEW SECTION. Sec. 13. A
new section is added to chapter 49.60 RCW to read as follows:
(1) Any complainant on whose behalf the reasonable
cause finding was made, a respondent, or an aggrieved person may, with respect
to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, elect
to have the claims on which reasonable cause was found decided in a civil
action under RCW 49.60.030(2) in lieu of a hearing under RCW 49.60.250. This
election must be made not later than twenty days after the service of the
reasonable cause finding. The person making such election shall give notice of
doing so to the commission and to all other complainants and respondents to
whom the charge relates. Any reasonable cause finding issued by the commission
pursuant to the procedures contained in this chapter shall become final twenty
days after service of the reasonable cause finding unless a written notice of
election is received by the commission within the twenty-day period.
(2) If an election is made under subsection (1)
of this section, the commission shall authorize not later than thirty days
after the election is made, and the attorney general shall commence, a civil
action on behalf of the aggrieved person in a superior court of the state of
Washington seeking relief under this section.
(3) Any aggrieved person with respect to the
issues to be determined in a civil action under this section may intervene as
of right in that civil action.
(4) In a civil action under this section, if
the court finds that an unfair practice in a real estate transaction has
occurred or is about to occur, the court may grant any relief that a court
could grant with respect to such an unfair practice in a real estate
transaction in a civil action under RCW 49.60.030(2). If monetary relief is
sought for the benefit of an aggrieved person who does not intervene in the
civil action, the court shall not award such relief if that aggrieved person
has not complied with discovery orders entered by the court.
(5) In any administrative proceeding under this
section where the respondent is the prevailing party, a complainant who
intervenes by filing a notice of independent appearance may be liable for
reasonable attorneys' fees and costs only to the extent that the intervening
participation in the administrative proceeding was frivolous or vexatious, or
was for the purpose of harassment.
(6) In any administrative proceeding brought
under RCW 49.60.225 or any court proceeding arising therefrom, or any civil
action under this section, the administrative law judge or the court in its
discretion may allow the prevailing party, other than the commission,
reasonable attorneys' fees and costs.
Sec. 14.
RCW 49.60.250 and 1992 c 118 s 5 are each amended to read as follows:
(1) In case of failure to reach an agreement
for the elimination of such unfair practice, and upon the entry of findings to
that effect, the entire file, including the complaint and any and all findings
made, shall be certified to the chairperson of the commission. The chairperson
of the commission shall thereupon request the appointment of an administrative
law judge under Title 34 RCW to hear the complaint and shall cause to be issued
and served in the name of the commission a written notice, together with a copy
of the complaint, as the same may have been amended, requiring the respondent
to answer the charges of the complaint at a hearing before the administrative
law judge, at a time and place to be specified in such notice.
(2) The place of any such hearing may be the
office of the commission or another place designated by it. The case in
support of the complaint shall be presented at the hearing by counsel for the
commission: PROVIDED, That the complainant may retain independent counsel and
submit testimony and be fully heard. No member or employee of the commission
who previously made the investigation or caused the notice to be issued shall
participate in the hearing except as a witness, nor shall the member or
employee participate in the deliberations of the administrative law judge in
such case. Any endeavors or negotiations for conciliation shall not be
received in evidence.
(3) The respondent shall file a written answer
to the complaint and appear at the hearing in person or otherwise, with or
without counsel, and submit testimony and be fully heard. The respondent has
the right to cross-examine the complainant.
(4) The administrative law judge conducting any
hearing may permit reasonable amendment to any complaint or answer. Testimony
taken at the hearing shall be under oath and recorded.
(5) If, upon all the evidence, the
administrative law judge finds that the respondent has engaged in any unfair
practice, the administrative law judge shall state findings of fact and shall
issue and file with the commission and cause to be served on such respondent an
order requiring such respondent to cease and desist from such unfair practice
and to take such affirmative action, including, (but not limited to) hiring,
reinstatement or upgrading of employees, with or without back pay, an admission
or restoration to full membership rights in any respondent organization, or to
take such other action as, in the judgment of the administrative law judge,
will effectuate the purposes of this chapter, including action that could be
ordered by a court, except that damages for humiliation and mental suffering
shall not exceed one thousand dollars, and including a requirement for report
of the matter on compliance. Relief available for violations of RCW
49.60.222 through 49.60.224 shall be limited to the relief specified in RCW
49.60.225.
(6) If a determination is made that retaliatory
action, as defined in RCW 42.40.050, has been taken against a whistleblower, as
defined in RCW 42.40.020, the administrative law judge may, in addition to any
other remedy, impose a civil penalty upon the retaliator of up to three thousand
dollars and issue an order to the state employer to suspend the retaliator for
up to thirty days without pay. At a minimum, the administrative law judge
shall require that a letter of reprimand be placed in the retaliator's
personnel file. All penalties recovered shall be paid into the state treasury
and credited to the general fund.
(7) The final order of the administrative law
judge shall include a notice to the parties of the right to obtain judicial
review of the order by appeal in accordance with the provisions of RCW
34.05.510 through 34.05.598, and that such appeal must be served and filed
within thirty days after the service of the order on the parties.
(8) If, upon all the evidence, the
administrative law judge finds that the respondent has not engaged in any
alleged unfair practice, the administrative law judge shall state findings of
fact and shall similarly issue and file an order dismissing the complaint.
(9) An order dismissing a complaint may include
an award of reasonable attorneys' fees in favor of the respondent if the
administrative law judge concludes that the complaint was frivolous,
unreasonable, or groundless.
(10) The commission shall establish rules of
practice to govern, expedite, and effectuate the foregoing procedure.
Sec. 15.
RCW 49.60.260 and 1989 c 175 s 116 are each amended to read as follows:
(1) The commission ((shall)) may
petition the court within the county wherein any unfair practice occurred or
wherein any person charged with an unfair practice resides or transacts
business for the enforcement of any final order which is not complied with and
is issued by the commission or an administrative law judge under the provisions
of this chapter and for appropriate temporary relief or a restraining order,
and shall certify and file in court the final order sought to be enforced.
Within five days after filing such petition in court, the commission shall
cause a notice of the petition to be sent by certified mail to all parties or
their representatives.
(2) If within sixty days after the date the
administrative law judge's order concerning an unfair practice in a real estate
transaction is entered, no petition has been filed under subsection (1) of this
section and the commission has not sought enforcement of the final order under
this section, any person entitled to relief under the final order may petition
for a decree enforcing the order in the superior courts of the state of
Washington for the county in which the unfair practice in a real estate
transaction under RCW 49.60.222 through 49.60.224 is alleged to have occurred.
(3) From the time the petition is filed,
the court shall have jurisdiction of the proceedings and of the questions
determined thereon, and shall have the power to grant such temporary relief or
restraining order as it deems just and suitable.
(((3))) (4) If the petition shows
that there is a final order issued by the commission or administrative law
judge under RCW 49.60.240 or 49.60.250 and that the order has not been complied
with in whole or in part, the court shall issue an order directing the person
who is alleged to have not complied with the administrative order to appear in
court at a time designated in the order, not less than ten days from the date
thereof, and show cause why the administrative order should not be enforced
according to the terms. The commission or any person entitled to relief of
any final order shall immediately serve the ((person)) noncomplying
party with a copy of the court order and the petition.
(((4))) (5) The administrative
order shall be enforced by the court if the person does not appear, or if the
person appears and the court finds that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person's answer discloses no valid
reason why the order should not be enforced, or that the reason given in the
person's answer could have been raised by review under RCW 34.05.510 through
34.05.598, and the person has given no valid excuse for failing to use that
remedy.
(((5))) (6) The jurisdiction of
the court shall be exclusive and its judgment and decree shall be final, except
that the same shall be subject to appellate review by the supreme court or the
court of appeals, on appeal, by either party, irrespective of the nature of the
decree or judgment. The review shall be taken and prosecuted in the same
manner and form and with the same effect as is provided in other cases.
Sec. 16.
RCW 49.60.330 and 1983 c 5 s 2 are each amended to read as follows:
Any county or any city classified as a
first class city under RCW 35.01.010 with over one hundred twenty five thousand
population may enact resolutions or ordinances consistent with this
chapter to provide administrative and/or judicial remedies for any form
of discrimination proscribed by this chapter((: PROVIDED, That)). The
imposition of such administrative remedies shall be subject to judicial
review. The superior courts shall have jurisdiction to hear all matters
relating to violation and enforcement of such resolutions or ordinances,
including petitions for preliminary relief, the award of such remedies and civil
penalties as are consistent with this chapter, and enforcement of any order of
a county or city administrative law judge or hearing examiner pursuant to such
resolution or ordinance. Any local resolution or ordinance not inconsistent
with this chapter may provide, after a finding of reasonable cause to believe
that discrimination has occurred, for the filing of an action in, or the
removal of the matter to, the superior court.
NEW SECTION. Sec. 17. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
