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                                          ENGROSSED SENATE BILL NO. 5622

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State of Washington                               51st Legislature                              1989 Regular Session

By Senators Craswell, Nelson and Lee; by request of Human Rights Commission

Read first time 1/30/89 and referred to Committee on  Economic Development & Labor.

AN ACT Relating to discrimination in real estate transactions against physically disabled persons who use guide dogs; and amending RCW 49.60.222.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 4, chapter 167, Laws of 1969 ex. sess. as last amended by section 8, chapter 127, Laws of 1979 and RCW 49.60.222 are each amended to read as follows:

          It is an unfair practice for any person, whether acting for himself or another, because of sex, marital status, race, creed, color, national origin, the presence of any sensory, mental, or physical handicap, or the use of a trained ((dog)) guide dog or service dog by a blind ((or)), deaf, or physically disabled person:

          (1) To refuse to engage in a real estate transaction with a person;

          (2) 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) To refuse to receive or to fail to transmit a bona fide offer to engage in a real estate transaction from a person;

          (4) To refuse to negotiate for a real estate transaction with a person;

          (5) 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 attention, or to refuse to permit him to inspect real property;

          (6) To print, circulate, post, or mail, or cause to be so 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) 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) To expel a person from occupancy of real property;

          (9) 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) To attempt to do any of the unfair practices defined in this section.

          Notwithstanding any other provision of law, 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 status.

          This section shall not be construed to require structural changes, modifications, or additions to make facilities accessible to a handicapped person except as otherwise required by law.  Nothing in this section affects the rights and responsibilities of landlords and tenants pursuant to chapter 59.18 RCW.