II. Offenses Against the Person
Chapter 9.22
DISCRIMINATION IN HOUSING1
Sections:
9.22.010 Declaration of policy.
9.22.060 Real estate—Transaction refusal—Unit misrepresentation.
9.22.070 Owner—Transaction refusal.
9.22.080 Real estate terms—Discriminating clause.
9.22.090 Owner’s terms—Discriminating clause.
9.22.100 Real estate—Furnishing unit.
9.22.110 Owner—Furnishing unit.
9.22.130 Notification of discrimination.
9.22.140 Participation in violation.
9.22.150 Penalty for violations.
9.22.010 Declaration of policy.
It is the policy of the city, in the exercise of its police power for the public safety, public health, and general welfare, for the maintenance of business and good government and for the promotion of the city’s trade, commerce and manufacture, to assure equal opportunity to all persons to live in decent housing facilities regardless of race, color, religion, ancestry or national origin, and to that end to prohibit discrimination in housing by any person, including real estate brokers, real estate salesmen and agents, owners of real property and lending institutions. (Prior code § 6.68.020)
9.22.020 Definitions.
As used in this chapter, unless a different meaning clearly appears from the context, the following terms shall have the meaning ascribed in this section:
A. “Discriminate” or “discrimination” includes any difference in treatment in the sale, lease, rental, or financing of housing units or housing accommodations because of race, color, religion, ancestry or national origin;
B. “Housing accommodation” includes any dwelling or dwelling unit, rooming unit, rooming house, lot or parcel of land in the city which is used, intended to be used, or arranged or designed to be used as, or improved with, a residential structure for one or more human beings;
C. “Housing unit” or “dwelling unit” means:
1. A single room or suite of rooms, or an apartment or a dwelling, occupied or intended for occupancy as separate living quarters by an individual, by a family, or by a group of individuals living together, or
2. A parcel of real property or a lot available for the construction of a housing or dwelling unit;
D. “Lending institution” means any person, as defined in this chapter, engaged wholly or partly in the business of lending money for the financing or acquisition, construction, repair, or maintenance of a housing accommodation or guaranteeing loans;
E. “Real estate broker” means any natural person, partnership, association or corporation, who for a fee or other valuable consideration sells, purchases, exchanges or rents, or negotiates, or offers or attempts to negotiate the sale, purchase, exchange or rental of the real property of another, or holds himself out as engaged in the business of selling, purchasing, exchanging or renting the real property of another, or collects rental for the use of the real property of another;
F. “Real estate salesman or agent” means any person employed by a real estate broker to perform, or to assist in the performance of, any or all of the functions of a real estate broker. (Prior code § 6.68.020)
9.22.030 Chapter scope.
This chapter applies to discriminatory housing practices within the city and to the housing units and housing accommodations located within the city. (Prior code § 6.68.030)
9.22.040 Exclusions.
Nothing in this chapter shall:
A. Apply to the renting, subrenting, leasing or subleasing of single family or duplex units wherein the owners or persons entitled to possession thereof normally maintains, or intends to maintain, his residence, home or abode;
B. Apply to the renting, subrenting, leasing or subleasing of any single family or duplex unit which is or is intended to be the usual and normal residence, home or abode of the owner thereof or the renting, subrenting, leasing or subleasing thereof, either on a temporary basis or casual basis and not the principal reason for the acquisition of the rental unit;
C. Be interpreted to prohibit any person from making a choice from among prospective purchasers or tenants of property on the basis of facts other than race, color, religion, ancestry or national origin. (Prior code § 6.68.040)
9.22.050 Prohibited acts.
It is unlawful for any person to discriminate, or to participate in discrimination, in any of the acts or practices in Sections 9.22.060 through 9.22.140 which are declared to be unlawful. (Prior code § 6.68.050)
9.22.060 Real estate—Transaction refusal—Unit misrepresentation.
It is unlawful for any person including real estate broker or real estate salesman or agent to refuse to sell, lease, sublease, rent, assign or otherwise transfer, to refuse to negotiate for the sale, lease, sublease, rental, assignment or other transfer of the title, leasehold, or other interest in any housing unit to any person, or to represent that a housing unit is not available for inspection, sale, lease, sublease, rental, assignment or other transfer, when in fact it is so available, or otherwise to deny or withhold any housing unit from any person because of race, color, religion, ancestry or national origin. (Prior code § 6.68.060)
9.22.070 Owner—Transaction refusal.
It is unlawful for any owner to refuse to sell, lease, sublease, rent, assign, or otherwise transfer the title, leasehold or other interest in any housing unit which is part of a housing accommodation, to any person, or otherwise to deny or withhold the housing unit from any person because of race, color, religion, ancestry or national origin. (Prior code § 6.68.070)
9.22.080 Real estate terms—Discriminating clause.
It is unlawful for any real estate broker or real estate salesman or agent to include in the terms, conditions or privileges of any sale, lease, sublease, rental, assignment or other transfer of any housing unit, any clause, condition or restriction discriminating against any person in the use or occupancy of the housing unit because of race, color, religion, ancestry or national origin. (Prior code § 6.68.080)
9.22.090 Owner’s terms—Discriminating clause.
It is unlawful for any owner to include in the terms, conditions, or privileges of the sale, lease, sublease, rental, assignment or other transfer of the housing unit, which is part of a housing accommodation, any clause, condition or restriction discriminating against any person in the use or occupancy of the housing unit because of race, color, religion, ancestry or national origin. (Prior code § 6.68.090)
9.22.100 Real estate—Furnishing unit.
It is unlawful for any real estate broker or real estate salesman or agent to discriminate in the furnishing of any facilities or services for any housing unit because of any race, color, religion, ancestry or national origin. (Prior code § 6.68.100)
9.22.110 Owner—Furnishing unit.
It is unlawful for any owner to discriminate in the furnishing of any facilities or services for a housing unit, which is part of a housing accommodation, because of race, color, religion, ancestry or national origin. (Prior code § 6.68.110)
9.22.120 Lending institution.
It is unlawful for any lending institution to discriminate in lending money, guaranteeing loans, accepting mortgages, or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, housing repair or maintenance of any housing units or housing accommodation, because of race, color, religion, ancestry or national origin. (Prior code § 6.68.120)
9.22.130 Notification of discrimination.
It is unlawful for any real estate broker, real estate salesman or agent, owner, or any other person, or any lending institution, to publish or circulate, or to cause to be published or circulated, any notice, statement or advertisement, or to announce a policy, or to use any form of application for the purchase, lease, rental, or financing of housing, or to make any record or inquiry in connection with the prospective purchase, rental or lease of housing that expresses directly or indirectly any limitation, specification or discrimination as to race, color, religion, ancestry or national origin or any intent to make any such limitation, specification or discrimination. (Prior code § 6.68.130)
9.22.140 Participation in violation.
It is unlawful for any person whether or not a real estate broker, real estate salesman or agent, owner or lending institution, to aid, incite, compel, coerce or participate in the doing of any act declared by this chapter to be an unlawful housing practice. (Prior code § 6.68.140)
9.22.150 Penalty for violations.
Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall upon conviction of such violation or failure be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed six months or by both such fine and imprisonment. (Ord. 293-74 § 2 (part), 1974; prior code § 6.68.150)
For statutory provisions concerning unfair practices with respect to real estate transactions, facilities or services, see RCW 49.60.222 et seq.