For property owners in Washington State, understanding the complexities of rental laws can be a significant undertaking. One question that frequently arises, especially concerning affordable housing initiatives, is "Am I required to make my property available to Section 8 in Washington State?" The answer, while seemingly straightforward, involves comprehending recent state legislation and local ordinances.
This comprehensive guide will delve into Washington State's "source of income" discrimination laws, explain how they impact landlords and Section 8 voucher holders, and provide essential information for both parties.
Understanding Section 8: The Housing Choice Voucher Program
Before addressing the legal requirements, let's briefly define Section 8. Formally known as the Housing Choice Voucher Program, Section 8 is a federal initiative administered by local Public Housing Authorities (PHAs). Its primary goal is to help very low-income families, the elderly, and people with disabilities afford safe, decent, and sanitary housing in the private market.
Under this program, eligible families receive a housing voucher that pays a portion of their rent directly to the landlord, while the tenant pays the remaining balance. The amount of assistance is based on the tenant's income and family size. According to the U.S. Department of Housing and Urban Development (HUD), the Housing Choice Voucher program is the nation's largest rental assistance program, providing critical support to over 2.3 million households nationwide.
Washington State's Source of Income Protection: A Pivotal Change
Historically, landlords in many areas had the discretion to refuse tenants based on their participation in the Section 8 program. However, Washington State has taken significant steps to combat housing discrimination, including discrimination based on "source of income."
RCW 59.18.255: The Statewide Prohibition
In 2018, Washington State passed RCW 59.18.255, which explicitly prohibits landlords from discriminating against tenants based on their source of income. This landmark legislation means that:
- Landlords cannot refuse to rent to you simply because your income comes from sources other than employment. This explicitly includes housing subsidies like Section 8 vouchers, Temporary Assistance for Needy Families (TANF), Social Security, Veterans benefits, and other state or local assistance programs.
- Landlords cannot charge you more rent than they would someone who doesn't receive benefits.
- Landlords cannot falsely tell you a unit is unavailable if it is, simply because you have a Section 8 voucher.
- Landlords cannot advertise a property for rent with income restrictions like "no Section 8" or "no public assistance."
What This Means for Landlords:
Essentially, if you are a landlord in Washington State, you are generally required to consider and accept Section 8 voucher holders on the same basis as any other prospective tenant. You cannot have a blanket policy that excludes Section 8 participants.
Important Nuance: Tenant Screening Still Applies
While you cannot discriminate based on source of income, this does not mean you are required to rent to every Section 8 applicant. Landlords retain the right to screen all tenants using consistent, non-discriminatory criteria. This means you can still deny an applicant, including a Section 8 voucher holder, for legitimate, non-discriminatory reasons such as:
- Poor credit history: If you apply a consistent credit standard to all applicants, you can deny a Section 8 applicant with bad credit. However, if the Section 8 voucher covers a significant portion of the rent, you must calculate the income requirement based on the tenant's portion of the rent, not the full market rent. For example, if the total rent is $1,500 and the tenant's portion is $500, you would calculate income requirements based on the $500.
- Negative rental history/eviction record: A history of evictions or significant lease violations is a valid reason for denial.
- Criminal convictions: If your screening criteria for criminal background checks are applied equally to all applicants, you can deny based on this. The Seattle Fair Chance Housing Ordinance is a notable example of local legislation that specifically limits the use of criminal records in tenant screening, with limited exceptions.
- Inability to pay their portion of the rent or required fees/deposits: While the Section 8 voucher covers a portion, the tenant is responsible for their share and any agreed-upon deposits or fees.
- The property failed a Section 8 Housing Quality Standards (HQS) inspection: For a Section 8 voucher to be used, the property must pass an inspection by the PHA to ensure it meets certain health and safety standards. If your property doesn't meet these, you won't be able to rent to a Section 8 tenant until it does.
Key Takeaway: The law focuses on the reason for denial. You cannot deny an application because the tenant has a Section 8 voucher. You must evaluate them based on the same criteria you use for all other applicants.
Local Ordinances: Added Protections in Some Areas
Beyond the statewide law, several cities and counties in Washington State have enacted their own local ordinances that specifically prohibit discrimination based on Section 8 voucher status. These often predate the statewide law or offer additional protections.
Notable examples include:
- City of Seattle
- Unincorporated King County
- City of Bellevue
- City of Redmond
- City of Kirkland
In these areas, the prohibition against Section 8 discrimination is even more explicit and may have additional specific requirements, such as initially offering one-year leases for Section 8 voucher tenants and not charging higher rental rates than for non-Section 8 tenants.
While the statewide law largely covers this, it's always advisable for landlords to be aware of and comply with any more stringent local regulations in their specific jurisdiction.
Benefits of Renting to Section 8 Tenants
While some landlords may initially be hesitant, there are several benefits to participating in the Section 8 program:
- Guaranteed Rent Portion: A significant portion of the rent is paid directly by the Public Housing Authority, providing a reliable and consistent income stream. This reduces the risk of non-payment for that portion.
- Lower Vacancy Rates: Due to the high demand for affordable housing and lengthy waiting lists for Section 8 vouchers, there is a large pool of prospective tenants, potentially leading to quicker occupancy and reduced vacancy periods. For instance, the King County Housing Authority's (KCHA) waiting list for Housing Choice Vouchers is currently closed, having last selected 2,500 applicants in March 2020, indicating the high demand for these vouchers in the region.
- Pre-Screened Tenants: Section 8 participants undergo initial eligibility screening by the PHA, which includes income verification.
- Reduced Tenant Turnover: Section 8 tenants often stay in properties longer, leading to lower turnover costs (e.g., re-advertising, cleaning, repairs between tenants).
- Housing Quality Standards (HQS) Inspections: While an initial inspection is required, ongoing HQS inspections can help ensure the property remains in good condition, benefiting both the landlord and tenant.
The Section 8 Process for Landlords
If you decide to rent to a Section 8 tenant (which, as established, you are generally required to consider), here's a general overview of the process:
- Market Your Property: Advertise your property widely. Be mindful of not using discriminatory language in your advertisements.
- Tenant Screening: Screen all applicants, including Section 8 voucher holders, using your standard, non-discriminatory criteria. Remember to adjust income calculations for the tenant's portion of the rent.
- PHA Contact: Once you approve a Section 8 applicant, they will typically contact their PHA to initiate the process.
- Property Inspection: The PHA will schedule an HQS inspection of your property to ensure it meets health and safety standards. You may need to make repairs if the property fails.
- Rent Approval: The PHA will review your proposed rent to ensure it's reasonable compared to similar unassisted units in the area.
- Housing Assistance Payments (HAP) Contract: Once the inspection passes and rent is approved, you will sign a HAP contract with the PHA. This contract outlines the terms of the subsidy payment.
- Lease Agreement: You will also sign a standard lease agreement with the tenant. This lease will be similar to any other tenant's lease, but it will also incorporate specific Section 8 addendums.
- Receiving Payments: The PHA will send their portion of the rent directly to you, and the tenant will pay their portion.
What to Do if You Suspect Discrimination
If you are a Section 8 voucher holder and believe you have been discriminated against, or if you are a landlord and have questions about compliance, resources are available:
- Washington State Human Rights Commission (WSHRC): The WSHRC enforces the Washington Law Against Discrimination, including source of income protections. They can investigate complaints and provide guidance. While specific data for Washington State on source of income complaints in 2023 is not readily available in a singular report, nationally, 34,150 fair housing complaints were received in 2023 by various agencies, representing a 3.5% increase from the previous year, highlighting the ongoing prevalence of housing discrimination issues across the country, as reported by the National Fair Housing Alliance.
- Local Civil Rights Agencies: Cities and counties with their own ordinances often have local civil rights or fair housing offices that can assist with complaints. For example, the Seattle Office for Civil Rights investigated 140 complaints of illegal discrimination in 2022 and 2023 combined, resulting in over $125,000 in monetary settlements.
- Legal Aid Organizations: Organizations like the Northwest Justice Project and the Tenants Union of Washington State offer free or low-cost legal assistance to tenants regarding housing discrimination.
Key Takeaways and Professional Support
This statewide protection, coupled with local ordinances in many areas, means that landlords must consider Section 8 applicants on the same basis as any other applicant, applying consistent and non-discriminatory screening criteria.
Understanding and adhering to these laws is not only a legal obligation but can also open up a reliable and consistent tenant pool, benefiting landlords and contributing to much-needed affordable housing solutions in Washington State. By embracing fair housing practices, landlords can play a crucial role in ensuring equitable access to housing for all.
Need expert assistance managing your Washington State rental property, including navigating Section 8 compliance? Contact The Joseph Group today for professional, compliant, and stress-free property solutions.
