FAIR HOUSING – WA RE SALESPERSON CHEAT SHEET

FEDERAL FAIR HOUSING ACT: THE SEVEN PROTECTED CLASSES

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These are the FLOOR — states can add more but not remove.

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WASHINGTON STATE ADDITIONS (RCW 49.60)

• Marital status (single, married, divorced, separated, widowed)

• Sexual orientation

• Gender identity / gender expression

• Honorably discharged veteran / military status

• Source of income ⭐ (esp. Section 8 / Housing Choice Vouchers)

• Creed

⭐ HIGH-YIELD: Landlord says "No Section 8"? VIOLATION. Washington protects source of income; federal law does not.

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PROHIBITED CONDUCT

• ✗ Refuse to sell/rent

• ✗ Make housing unavailable

• ✗ Set different terms/conditions/privileges

• ✗ Steer (direct toward/away based on protected class)

• ✗ Blockbust (induce sales by suggesting protected-class neighborhood change)

• ✗ Redline (deny services based on neighborhood demographics)

• ✗ Advertise preferences/limitations based on protected class

• ✗ Retaliate against complaint filer

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MRS. MURPHY EXEMPTION

Narrow federal exemption: Owner-occupied building with ≤4 units, owner occupies one unit, NO broker, NO discriminatory advertising

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DISABILITY ACCOMMODATIONS: TWO CONCEPTS

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SERVICE ANIMALS VS. EMOTIONAL SUPPORT ANIMALS

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Landlord CAN ask for: Healthcare provider documentation that person has disability + ESA provides benefit Landlord CANNOT ask for: Certification, training proof, or breed restriction for legitimate ESA

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MULTIFAMILY DESIGN (Built after 3/13/1991, 4+ units)

• ✓ ≥1 accessible entrance

• ✓ Accessible common areas

• ✓ Accessible doors (wheelchair-width)

• ✓ Accessible routes within units

• ✓ Reinforced bathroom walls (future grab bars)

• ✓ Accessible switches/outlets

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EXAM DECISION RULES

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Class	Notes
Race
Color
National Origin
Religion
Sex (includes gender)
Familial Status	Presence of children <18; pregnancy; custody
Disability	Physical/mental impairment substantially limiting major life activity
Applies	Does NOT Apply
Owner, no broker	✓ Yes
Broker involved	✗ No (exemption gone)
Real estate licensee	✗ Never; licensees must follow FHA always
Reasonable Accommodation	Reasonable Modification
What	Change to rules/policies/services	Physical change to property
Example	Allow ESA despite no-pets policy	Install grab bars in bathroom
Who pays	Housing provider (landlord)	Tenant
Restoration	N/A	Landlord may require restoration at move-out
Service Animal (ADA)	ESA (FHA)
Training required	Yes — trained to perform tasks	No — just provides emotional support
Species	Dogs (+ miniature horses)	Any species potentially eligible
Housing rule	Allowed in all public accommodations	Landlord must provide accommodation even with no-pets policy
Pet fees/deposits	N/A	✗ NOT allowed for ESA
Scenario	Answer
Licensee hears "no Section 8"	VIOLATION (WA source-of-income protection)
Licensee steers based on sexual orientation	VIOLATION (WA protected class; steering illegal)
Seller says "families with kids only"	REFUSE listing — familial status discrimination
Tenant requests ESA; landlord has no-pets policy	MUST ALLOW (reasonable accommodation; no pet fee allowed)
Tenant wants wheelchair ramp installed	ALLOW; tenant pays (reasonable modification)
Broker markets owner-occupied 3-unit building	BROKER DESTROYS Mrs. Murphy exemption
Question asks "WA-only protected class"	Look for: marital status, sexual orientation, gender identity, veteran status, source of income, creed

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ENFORCEMENT

• Federal: HUD (Housing & Urban Development)

• Washington: WSHRC (Washington State Human Rights Commission)

• WA complaint deadline: 1 year from violation