Brief Description: Prohibiting discrimination based on lawful source of income.

Sponsors: Representatives Sells, Pettigrew, Miloscia, Ormsby, McCoy and Lovick.

Hearing Date: 2/22/05

Staff: Robyn Dupuis (786-7166).

Background:

Under the current Human Rights Commission statutes, known as the "law against discrimination", the Legislature declares that the practices of discrimination because of race, creed, color, national origin, families with children, sex, marital status, age, or the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a disabled person are illegal.

The Human Rights Commission is charged with eliminating and preventing such discrimination in employment, in credit and insurance transactions, in places of public resort, accommodation or amusement, and in real property transactions.

Penalties for unfair practices in real estate transactions include fines up to $50,000.

Other states include language in their statutes to prohibit discrimination in real estate transactions due to an individual's lawful source of income. These states include California, Connecticut, District of Columbia, Maine, Massachusetts, Minnesota, New Jersey, North Dakota, Oregon, Utah, Vermont and Wisconsin.

Summary of Bill:

An individual may not be discriminated against because of his or her lawful source of income in real estate transactions. This prohibited practice is further defined as discriminating against the person in the terms, conditions or privileges of a real estate transaction, refusal or failure to receive or transmit a bona fide offer, representing to a person that the property is not available for inspection, sale, rental or lease when in fact it is, discriminating in the sale or rental of a property, expeling a person from occupancy, and other similar types of conduct.

"Lawful Source of Income" is defined as verifiable, legal income including income derived from one of the following sources:

• Employment;
• Social Security;
• Supplemental security;
• Other retirement programs;
• Child support;
• Alimony; and
• Federal, state, local or non-profit administered benefit or subsidy programs, including housing assistance, public assistance, and general assistance.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.