Seattle’s City Attorney’s office has appealed a recent ruling over the city’s “First-in-time” law which governs how landlords can accept qualified candidates into rental units. “Seattle’s “First-in-Time” law created confusion for landlords when originally passed, greater concern when overturned, and now the City Attorney’s appeal further highlights the need for landlords and/or property managers to work with a well-qualified third-party tenant screening agency in order to avoid additional confusion and stay compliant with all existing law.
The City Attorney in Seattle appealed a recent ruling regarding that city’s “First-in-Time” law. The action in Seattle regarding who can and cannot be rented to, based on the “First-in-Time” law, has created confusion among landlords and this activity highlights an immediate and urgent need for landlords to work with a well-qualified tenant screening agency in order to remain compliant with law and avoid further confusion.
In March 2018 the City of Seattle’s “First-in-time” law was ruled unconstitutional by a Superior Court judge.
From Tribune News Service as reported on Governing.com (Mar. 29, 18)
Seattle’s law requiring landlords to choose among qualified applicants on a first-come, first-served basis violates the state constitution, a judge ruled Wednesday.
Adopted by the City Council in 2016 and in effect since last year, the groundbreaking law “has a laudable goal of eliminating the role of implicit bias in tenancy decisions,” King County Superior Court Judge Suzanne Parisien said in a written ruling. governing.com/topics/urban/tns-seattle-rental-discrimination-judge.html
Laws such as the one in Seattle can cause a great deal of confusion among landlords and/or property managers and highlight an urgent need for landlords across the country to work with a well-qualified third-party tenant screening agency to remain fully informed and compliant with existing laws governing tenant background checks as well as laws related to tenant screening.
In May 2018 the Seattle City Attorney appealed the reversal of the “First-in-line” law.
From Seattle.Curbed.com (May 10, 18):
After a year tied up in court, Seattle’s “first-in-time” law, which requires a landlord to accept the first qualified applicant to live in a rental property, was overturned in late March—and today, the Seattle City Attorney’s office appealed that ruling. seattle.curbed.com/2018/5/10/17340790/first-in-time-law-appeal
The original legislation passed in 2016 based on suspected improprieties with tenant screening and the appearance of discriminatory practices.
From Seattle.Curbed.com (May 10, 18):
The first-in-time law was initially passed in August 2016 to combat implicit bias resulting in housing discrimination. In 2015, the city’s Office for Civil Rights (OCR) conducted a sting of rental properties, submitting applications 97 times focusing on three different groups protected by Seattle housing law. ibid
Tenant laws are often complex and challenging. Staying compliant is critical for all landlords and property managers. A best practice always remains for landlords to work with a tenant screening agency and, now more than ever, as highlighted by the Seattle rulings, the time is now to have a full review of tenant screening policies.
To learn more about Seattle’s “First-in-time” law and the confusion surrounding its multiple alterations along with why it is wise for all landlords to partner with a professional tenant screening agency read recent TenantScreeningUSA.com press release: Seattle’s “First-in-Time” Rulings Highlight Urgent Need for Landlords to Work with Tenant Screening Agency; Opines TenantScreeningUSA.com