Are landlords allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law?

In Washington state, landlords are allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law, but the law limits what landlords can consider when making their decisions. Landlords are not allowed to arbitrarily deny someone based on their criminal records but must instead conduct an individualized assessment of an applicant and consider factors such as the nature of the crime, how long ago the crime occurred, and whether the applicant has been rehabilitated. State law also prohibits discrimination against applicants based on their membership in a protected class such as race, color, national origin, sex, veteran status, disability, sexual orientation, and more. In other words, a landlord is not allowed to deny someone based solely on their criminal background. However, the landlord can make a decision to deny an applicant if the applicant’s criminal activity is related to their membership in a protected class or presents a safety or liability risk to others. In addition, landlords are prohibited from using criminal records in a way that has an unintended discriminatory effect, such as using arbitrary timelines or blanket policies that disproportionately affect certain protected classes. It is important for landlords to be aware of these laws so they can make informed decisions when evaluating an applicant’s criminal record.

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Are landlords allowed to ask tenants about their criminal backgrounds in accordance with Fair Housing Law?

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