| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Housing Committee | |
HB 1956
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Prohibiting discrimination based on lawful source of income.
Sponsors: Representatives Pettigrew, Miloscia, Santos, Sells, Ormsby and Hasegawa.
Brief Summary of Bill |
|
Hearing Date: 2/12/07
Staff: Robyn Dupuis (786-7166).
Background:
Under the current Human Rights Commission statutes, known as the "law against
discrimination", the legislature declares that in certain real estate transactions, the practice of
discrimination because of characteristics including race, creed, color, sex, national origin, sexual
orientation, families with children status, or 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 is
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 estate transactions.
Penalties for unfair practices in real estate transactions include fines up to $50,000 depending
upon the recent existence of any prior unfair practice violations.
A number of 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 in a protected class, which includes race, creed, color, national origin, sex, marital
status, sexual orientation, or the presence of a disability may not be discriminated against due to
his or her lawful source of income in real estate transactions.
Concerning real estate transactions, this prohibited practice is further defined as discriminating
against the person:
1. In the terms, conditions or privileges of a real estate transaction;
2. By refusing or failing to receive or transmit a bona fide offer;
3. By falsely representing to a person that a property is not available for inspection, sale, rental or
lease when in fact it is;
4. By discriminating in the sale or rental of a property, or otherwise make a property unavailable;
5. By expelling a person from occupancy of real property;
6. By inducing a person to sell or rent using representations regarding the entry of a person with
certain sources of income; and
7. By forbidding or restricting a conveyance or lease.
Every provision in a written instrument relating to real property which restricts the conveyance or
occupancy of real property based upon an individual's lawful source of income is void.
"Lawful Source of Income" is defined as verifiable, legal income including income derived from
one of the following sources:
1. Employment
2. Social Security
3. Supplemental Security Income
4. Other retirement programs
5. Child support
6. Alimony
7. 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.