AN
ACT Relating to dog guides and service animals; amending RCW 49.60.010,
49.60.030, 49.60.040, 49.60.130, 49.60.174, 49.60.175, 49.60.176, 49.60.178,
49.60.180, 49.60.190, 49.60.200, 49.60.215, 49.60.222, 49.60.224, 49.60.225,
70.84.020, 70.84.021, 70.84.040, 70.84.050, 70.84.060, 70.84.100, and
70.84.120; reenacting and amending RCW 49.60.120 and 49.60.223; adding new
sections to chapter 49.60 RCW; creating a new section; recodifying RCW
70.84.090, 70.84.100, and 70.84.120; and repealing RCW 70.84.030 and 70.84.110.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
49.60.010 and 1995 c 259 s 1 are each amended to read as follows:
This
chapter shall be known as the "law against discrimination". It is an
exercise of the police power of the state for the protection of the public
welfare, health, and peace of the people of this state, and in fulfillment of the
provisions of the Constitution of this state concerning civil rights. The
legislature hereby finds and declares that practices of discrimination against
any of its inhabitants 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 ((dog))
or service ((dog)) animal by a disabled person are a matter of
state concern, that such discrimination threatens not only the rights and
proper privileges of its inhabitants but menaces the institutions and
foundation of a free democratic state. A state agency is herein created with
powers with respect to elimination and prevention of discrimination in
employment, in credit and insurance transactions, in places of public resort,
accommodation, or amusement, and in real property transactions 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 ((dog)) or service ((dog)) animal
by a disabled person; and the commission established hereunder is hereby given
general jurisdiction and power for such purposes.
Sec.
2. RCW
49.60.030 and 1995 c 135 s 3 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
disability or the use of a trained dog guide ((dog)) or service
((dog)) animal by a disabled person 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, the presence of any sensory, mental, or physical
disability, or the use of a trained dog guide ((dog)) or service
((dog)) animal by a disabled person, or 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 the
person, or both, together with the cost of suit including reasonable 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.).
(3)
Except for any unfair practice committed by an employer against an employee or
a prospective employee, or any unfair practice in a real estate transaction
which is the basis for relief specified in the amendments to RCW 49.60.225
contained in chapter 69, Laws of 1993, any unfair practice prohibited by this
chapter which is committed in the course of trade or commerce as defined in the
Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying
that chapter, a matter affecting the public interest, is not reasonable in relation
to the development and preservation of business, and is an unfair or deceptive
act in trade or commerce.
Sec.
3. RCW
49.60.040 and 1995 c 259 s 2 are each 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)
"Marital status" means the legal status of being married, single,
separated, divorced, or widowed;
(8)
"National origin" includes "ancestry";
(9)
"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, national origin, or with any
sensory, mental, or physical disability, or the use of a trained dog
guide ((dog)) or service ((dog)) animal by a disabled
person, to be treated as not welcome, accepted, desired, or solicited;
(10)
"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;
(11)
"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;
(12)
"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;
(13)
"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;
(14)
"Sex" means gender;
(15)
"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;
(16)
"Complainant" means the person who files a complaint in a real estate
transaction;
(17)
"Respondent" means any person accused in a complaint or amended
complaint of an unfair practice in a real estate transaction;
(18)
"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;
(19)
"Families with children status" means one or more individuals who
have not attained the age of eighteen years being 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 of any individual who has not attained the age of
eighteen years;
(20)
"Covered multifamily dwelling" means: (a) Buildings consisting of
four or more dwelling units if such buildings have one or more elevators; and
(b) ground floor dwelling units in other buildings consisting of four or more
dwelling units;
(21)
"Premises" means the interior or exterior spaces, parts, components,
or elements of a building, including individual dwelling units and the public
and common use areas of a building;
(22)
"Dog guide" means a dog that is trained for the purpose of guiding
blind persons or a dog that is trained for the purpose of assisting hearing
impaired persons;
(23)
"Service animal" means an animal that is trained for the purpose of
assisting or accommodating a disabled person's sensory, mental, or physical
disability.
Sec.
4. RCW
49.60.120 and 1993 c 510 s 6 and 1993 c 69 s 4 are each reenacted and amended
to read as follows:
The
commission shall have the functions, powers and duties:
(1)
To appoint an executive director 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 disability, or
the use of a trained dog guide ((dog)) or service ((dog)) animal
by a disabled person.
(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, with other Washington state agencies, commissions, and other
government entities, 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
49.60.130 and 1993 c 510 s 7 are each amended to read as follows:
The
commission has power to create such advisory agencies and conciliation
councils, local, regional, or state-wide, as in its judgment will aid in effectuating
the purposes of this chapter. The commission may empower them to study the
problems of discrimination in all or specific fields of human relationships or
in specific instances of discrimination because of sex, race, creed, color,
national origin, marital status, age, or the presence of any sensory, mental,
or physical disability or the use of a trained dog guide ((dog))
or service ((dog)) animal by a disabled person; to foster through
community effort or otherwise good will, cooperation, and conciliation among
the groups and elements of the population of the state, and to make
recommendations to the commission for the development of policies and
procedures in general and in specific instances, and for programs of formal and
informal education which the commission may recommend to the appropriate state
agency.
Such
advisory agencies and conciliation councils shall be composed of representative
citizens, serving without pay, but with reimbursement for travel expenses in
accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended, and the commission may make provision for technical and clerical
assistance to such agencies and councils and for the expenses of such
assistance. The commission may use organizations specifically experienced in
dealing with questions of discrimination.
Sec.
6. RCW
49.60.174 and 1993 c 510 s 8 are each amended to read as follows:
(1)
For the purposes of determining whether an unfair practice under this chapter
has occurred, claims of discrimination based on actual or perceived HIV
infection shall be evaluated in the same manner as other claims of
discrimination based on sensory, mental, or physical disability; or the use of
a trained dog guide ((dog)) or service ((dog)) animal
by a disabled person.
(2)
Subsection (1) of this section shall not apply to transactions with insurance
entities, health service contractors, or health maintenance organizations
subject to RCW 49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination on
the basis of actual HIV infection status when bona fide statistical differences
in risk or exposure have been substantiated.
(3)
For the purposes of this chapter, "HIV" means the human
immunodeficiency virus, and includes all HIV and HIV-related viruses which
damage the cellular branch of the human immune system and leave the infected
person immunodeficient.
Sec.
7. RCW
49.60.175 and 1993 c 510 s 9 are each amended to read as follows:
It
shall be an unfair practice to use the sex, race, creed, color, national
origin, marital status, or the presence of any sensory, mental, or physical
disability of any person, or the use of a trained dog guide ((dog))
or service ((dog)) animal by a disabled person, concerning an
application for credit in any credit transaction to determine the credit
worthiness of an applicant.
Sec.
8. RCW
49.60.176 and 1993 c 510 s 10 are each amended to read as follows:
(1)
It is an unfair practice for any person whether acting for himself, herself, or
another in connection with any credit transaction because of race, creed,
color, national origin, sex, marital status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide ((dog))
or service ((dog)) animal by a disabled person:
(a)
To deny credit to any person;
(b)
To increase the charges or fees for or collateral required to secure any credit
extended to any person;
(c)
To restrict the amount or use of credit extended or to impose different terms
or conditions with respect to the credit extended to any person or any item or
service related thereto;
(d)
To attempt to do any of the unfair practices defined in this section.
(2)
Nothing in this section shall prohibit any party to a credit transaction from
considering the credit history of any individual applicant.
(3)
Further, nothing in this section shall prohibit any party to a credit
transaction from considering the application of the community property law to
the individual case or from taking reasonable action thereon.
Sec.
9. RCW
49.60.178 and 1993 c 510 s 11 are each amended to read as follows:
It
is an unfair practice for any person whether acting for himself, herself, or
another in connection with an insurance transaction or transaction with a
health maintenance organization to cancel or fail or refuse to issue or renew
insurance or a health maintenance agreement to any person because of sex, marital
status, race, creed, color, national origin, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide ((dog))
or service ((dog)) animal by a disabled person: 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 section. For
the purposes of this section, "insurance transaction" is defined in
RCW 48.01.060, health maintenance agreement is defined in RCW 48.46.020, and
"health maintenance organization" is defined in RCW 48.46.020.
The
fact that such unfair practice may also be a violation of chapter 48.30, 48.44,
or 48.46 RCW does not constitute a defense to an action brought under this
section.
The
insurance commissioner, under RCW 48.30.300, and the human rights commission,
under chapter 49.60 RCW, shall have concurrent jurisdiction under this section
and shall enter into a working agreement as to procedure to be followed in
complaints under this section.
Sec.
10. RCW
49.60.180 and 1993 c 510 s 12 are each amended to read as follows:
It
is an unfair practice for any employer:
(1)
To refuse to hire any person because of age, sex, marital status, race, creed,
color, national origin, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide ((dog)) or service
((dog)) animal by a disabled person, unless based upon a bona
fide occupational qualification: PROVIDED, That the prohibition against discrimination
because of such disability shall not apply if the particular disability
prevents the proper performance of the particular worker involved.
(2)
To discharge or bar any person from employment because of age, sex, marital
status, race, creed, color, national origin, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide ((dog))
or service ((dog)) animal by a disabled person.
(3)
To discriminate against any person in compensation or in other terms or conditions
of employment because of age, sex, marital status, race, creed, color, national
origin, or the presence of any sensory, mental, or physical disability or the
use of a trained dog guide ((dog)) or service ((dog)) animal
by a disabled person: PROVIDED, That it shall not be an unfair practice for an
employer to segregate washrooms or locker facilities on the basis of sex, or to
base other terms and conditions of employment on the sex of employees where the
commission by regulation or ruling in a particular instance has found the
employment practice to be appropriate for the practical realization of equality
of opportunity between the sexes.
(4)
To print, or circulate, or cause to be printed or circulated any statement,
advertisement, or publication, or to use any form of application for
employment, or to make any inquiry in connection with prospective employment,
which expresses any limitation, specification, or discrimination as to age,
sex, marital status, race, creed, color, national origin, or the presence of
any sensory, mental, or physical disability or the use of a trained dog
guide ((dog)) or service ((dog)) animal by a disabled
person, or any intent to make any such limitation, specification, or
discrimination, unless based upon a bona fide occupational qualification:
PROVIDED, Nothing contained herein shall prohibit advertising in a foreign
language.
Sec.
11. RCW
49.60.190 and 1993 c 510 s 13 are each amended to read as follows:
It
is an unfair practice for any labor union or labor organization:
(1)
To deny membership and full membership rights and privileges to any person
because of age, sex, marital status, race, creed, color, national origin, or
the presence of any sensory, mental, or physical disability or the use of a
trained dog guide ((dog)) or service ((dog)) animal
by a disabled person.
(2)
To expel from membership any person because of age, sex, marital status, race,
creed, color, national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide ((dog)) or
service ((dog)) animal by a disabled person.
(3)
To discriminate against any member, employer, employee, or other person to whom
a duty of representation is owed because of age, sex, marital status, race,
creed, color, national origin, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide ((dog)) or
service ((dog)) animal by a disabled person.
Sec.
12. RCW
49.60.200 and 1993 c 510 s 14 are each amended to read as follows:
It
is an unfair practice for any employment agency to fail or refuse to classify
properly or refer for employment, or otherwise to discriminate against, an
individual because of age, sex, marital status, race, creed, color, national
origin, or the presence of any sensory, mental, or physical disability or the
use of a trained dog guide ((dog)) or service ((dog)) animal
by a disabled person, or to print or circulate, or cause to be printed or
circulated any statement, advertisement, or publication, or to use any form of
application for employment, or to make any inquiry in connection with
prospective employment, which expresses any limitation, specification or
discrimination as to age, sex, race, creed, color, or national origin, or the
presence of any sensory, mental, or physical disability or the use of a trained
dog guide ((dog)) or service ((dog)) animal by a
disabled person, or any intent to make any such limitation, specification, or
discrimination, unless based upon a bona fide occupational qualification:
PROVIDED, Nothing contained herein shall prohibit advertising in a foreign
language.
Sec.
13. RCW
49.60.215 and 1993 c 510 s 16 are each amended to read as follows:
It
shall be an unfair practice for any person or the person's agent or employee to
commit an act which directly or indirectly results in any distinction,
restriction, or discrimination, or the requiring of any person to pay a larger
sum than the uniform rates charged other persons, or the refusing or
withholding from any person the admission, patronage, custom, presence,
frequenting, dwelling, staying, or lodging in any place of public resort,
accommodation, assemblage, or amusement, except for conditions and limitations
established by law and applicable to all persons, regardless of race, creed,
color, national origin, sex, the presence of any sensory, mental, or physical
disability, or the use of a trained dog guide ((dog)) or service
((dog)) animal by a disabled person: PROVIDED, That this section
shall not be construed to require structural changes, modifications, or
additions to make any place accessible to a disabled person except as otherwise
required by law: PROVIDED, That behavior or actions constituting a risk to
property or other persons can be grounds for refusal and shall not constitute
an unfair practice.
Sec.
14. RCW
49.60.222 and 1995 c 259 s 3 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 disability, or the use of a trained dog guide ((dog)) or
service ((dog)) animal by a disabled person:
(a)
To refuse to engage in a real estate transaction with a person;
(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;
(c)
To refuse to receive or to fail to transmit a bona fide offer to engage in a
real estate transaction from a person;
(d)
To refuse to negotiate for a real estate transaction with a person;
(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 the person to
inspect real property;
(f)
To discriminate in the sale or rental, or to otherwise make unavailable or deny
a dwelling, to any person; or to a person residing in or intending to reside in
that dwelling after it is sold, rented, or made available; or to 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;
(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;
(i)
To expel a person from occupancy of real property;
(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
(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 dog
guide ((dog)) or service ((dog)) animal 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 premises 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 dog guide ((dog)) or service ((dog)) animal
by a blind, deaf, or physically disabled person equal opportunity to use and
enjoy a dwelling; or
(c)
To fail to design and construct covered multifamily dwellings and premises 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 dog guide ((dog)) or service ((dog)) animal.
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.
Nothing
in (a) or (b) of this subsection shall apply to: (i) A single-family house
rented or leased by the owner if the owner does not own or have an interest in
the proceeds of the rental or lease of more than three such single-family
houses at one time, the rental or lease occurred without the use of a real
estate broker or salesperson, as defined in RCW 18.85.010, and the rental or
lease occurred without the publication, posting, or mailing of any
advertisement, sign, or statement in violation of subsection (1)(g) of this
section; or (ii) rooms or units in dwellings containing living quarters
occupied or intended to be occupied by no more than four families living
independently of each other if the owner maintains and occupies one of the
rooms or units as his or her residence.
(3)
Notwithstanding any other provision of 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 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 disabled person except as otherwise required by
law. Nothing in this section affects the rights, 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.
15. RCW
49.60.223 and 1993 c 510 s 18 and 1993 c 69 s 6 are each reenacted and 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 disability and/or the
use of a trained dog guide ((dog)) or service ((dog)) animal
by a blind, deaf, or physically disabled person.
Sec.
16. RCW
49.60.224 and 1993 c 69 s 8 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
disability or the use of a trained dog guide ((dog)) or service
((dog)) animal 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 disability or the use of a trained dog guide ((dog))
or service ((dog)) animal 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.
17. RCW
49.60.225 and 1995 c 259 s 4 are each amended to read as follows:
(1)
When a reasonable cause determination has been made under RCW 49.60.240 that an
unfair practice 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 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 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 49.60.224, 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 disability or the use of a trained
dog guide ((dog)) or service ((dog)) animal by a
blind, deaf, or physically disabled person. Enforcement of the order and
appeal therefrom by the complainant or respondent 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.
18. RCW
70.84.020 and 1980 c 109 s 2 are each amended to read as follows:
For
the purpose of this chapter, the term "dog guide ((dog))"
((shall mean a dog which is in working harness and)) means a dog that
is trained ((or approved by an accredited school engaged in training dogs))
for the purpose of guiding blind persons or a dog ((which is)) trained
((or approved by an accredited school engaged in training dogs)) for the
purpose of assisting hearing impaired persons.
Sec.
19. RCW
70.84.021 and 1985 c 90 s 1 are each amended to read as follows:
For the purpose of this chapter, "service ((dog)) animal"
means ((a dog)) an animal that is trained ((or approved by an
accredited school, or state institution of higher education, engaged in
training dogs)) for the purposes of assisting or accommodating a ((physically))
disabled ((person related to the)) person's sensory, mental, or
physical disability.
Sec.
20. RCW
70.84.040 and 1985 c 90 s 3 are each amended to read as follows:
The
driver of a vehicle approaching a totally or partially blind pedestrian who is
carrying a cane predominantly white in color (with or without a red tip), a
totally or partially blind or hearing impaired pedestrian using a dog
guide ((dog)), or an otherwise physically disabled person using a
service ((dog)) animal shall take all necessary precautions to
avoid injury to such pedestrian. Any driver who fails to take such precaution
shall be liable in damages for any injury caused such pedestrian. It shall be
unlawful for the operator of any vehicle to drive into or upon any crosswalk
while there is on such crosswalk, such pedestrian, crossing or attempting to
cross the roadway, if such pedestrian ((indicates his intention to cross or
of continuing on, with a timely warning by holding up or waving)) is
using a white cane, using a dog guide ((dog)), or using a
service ((dog)) animal. The failure of any such pedestrian so to
signal shall not deprive him of the right of way accorded him by other laws.
Sec.
21. RCW
70.84.050 and 1980 c 109 s 5 are each amended to read as follows:
A
totally or partially blind pedestrian not carrying a white cane or a totally or
partially blind or hearing impaired pedestrian not using a dog guide ((dog))
in any of the places, accommodations, or conveyances listed in RCW 70.84.010,
shall have all of the rights and privileges conferred by law on other persons.
Sec.
22. RCW
70.84.060 and 1985 c 90 s 4 are each amended to read as follows:
It
shall be unlawful for any pedestrian who is not totally or partially blind to
use a white cane or any pedestrian who is not totally or partially blind or is
not hearing impaired to use a dog guide ((dog)) or any pedestrian
who is not otherwise physically disabled to use a service ((dog)) animal
in any of the places, accommodations, or conveyances listed in RCW 70.84.010
for the purpose of securing the rights and privileges accorded by the chapter
to totally or partially blind, hearing impaired, or otherwise physically
disabled people.
Sec.
23. RCW
70.84.100 and 1988 c 89 s 1 are each amended to read as follows:
(1)
A person who negligently or maliciously kills or injures a dog guide or
service ((dog)) animal is liable for a penalty of one thousand
dollars, to be paid to the user of the ((dog)) animal. The
penalty shall be in addition to and not in lieu of any other remedies or
penalties, civil or criminal, provided by law.
(2)
A user or owner of a dog guide or service animal, whose animal is negligently
or maliciously injured or killed, is entitled to recover reasonable attorneys'
fees and costs incurred in pursuing any civil remedy.
(3)
The commission has no duty to investigate any negligent or malicious acts
referred to under this section.
Sec.
24. RCW
70.84.120 and 1989 c 41 s 1 are each amended to read as follows:
A
county, city, or town shall honor a request by a blind person or hearing
impaired person not to be charged a fee to license his or her dog guide
((dog)), or a request by a physically disabled person not to be charged
a fee to license his or her service ((dog)) animal.
NEW
SECTION. Sec. 25. The
Washington state human rights commission shall adopt rules implementing this
act no later than March 1, 1998.
NEW
SECTION. Sec. 26. The
following acts or parts of acts are each repealed:
(1) RCW
70.84.030 and 1985 c 90 s 2, 1980 c 109 s 3, & 1969 c 141 s
3; and
(2) RCW
70.84.110 and 1988 c 89 s 2.
NEW
SECTION. Sec. 27. RCW
70.84.090, 70.84.100, and 70.84.120 are each recodified as new sections in
chapter 49.60 RCW.
