HOUSE BILL REPORT

HB 1746

BYRepresentatives 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

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Ballard, Inslee, Padden, Rector and Todd.

House Staff:Charlie Gavigan (786-7340)

AS REPORTED BY COMMITTEE ON HOUSING FEBRUARY 28, 1989

BACKGROUND:

Some federal and state laws attempt to reduce or eliminate discrimination. Generally these laws address discrimination that occurs in areas regarding fundamental needs and rights, such as voting, working, and housing.

These anti-discrimination laws traditionally attempt to reduce or eliminate discrimination due to sex, marital status, race, national origin, color, or religion.

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 can (1) seek remedies through a civil action, (2) seek remedies through the state Human Rights Commission, (3) seek remedies through the state Consumer Protection Act because the discrimination is defined as an unfair practice, and (4) seek remedies under the federal Fair Housing Act.

SUMMARY:

SUBSTITUTE BILL:  Discrimination in real estate transactions on the basis of familial status is prohibited.

"Familial Status" is defined as a parent, step parent, 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.

SUBSTITUTE BILL COMPARED TO ORIGINAL: "Parental Status" is removed by the substitute bill and replaced with "familial status." The substitute bill conforms the state definition and administrative remedies to those of federal law. Clarification is made that the definition of "familial status" applies to the provisions dealing with anti-discrimination provisions only.

Fiscal Note:      Requested February 17, 1989.

House Committee ‑ Testified For:    Bill Gladden, Washington State Human Rights Commission; Michael Mirra, Evergreen Legal Services.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The state should protect families with children from discrimination in real estate transactions. Administrative protections under federal law should be available to Washington citizens, and the Human Rights Commission should be involved in housing discrimination. Without these protections, families can have a very difficult time funding adequate housing.

The definition of "parental status" should be changed to conform with the federal definition of "familial status." The current definition of "parental status" is too narrow and would make some administrative remedies unavailable to Washington citizens if the definition does not more closely match federal law.

House Committee - Testimony Against:      None Presented.