Recent laws in Washington State regarding tenant screening may create concern for landlords and property managers as well as further confusion to the fair and lawful use of public records such as criminal background records as part of a tenant screening process. As cities and states wrestle with an on-going housing crisis, measures taken in an attempt to create easier entry to housing, especially for the poor and previously incarcerated, may create considerable challenges and concern for existing landlords.
Landlords and property managers in the state of Washington are facing increased challenges to tenant screening and the subsequent selection of tenants. Also, they face challenges in the ways to evict problem or bad tenants. Life has become more complicated for landlords and property managers in Washington.
From Fox News (foxbusiness.com; Dec 19, exact date not provided):
Most recently, the Supreme Court passed the city’s “First-in-Time” (FIT) ordinance in November, which requires landlords to approve the first qualified tenant who applies for a property.
FOX News correspondent Dan Springer said tenant groups say the FIT law will “level the playing field and wipe out property owners bias in the rental market” while landlords say the law “violates their century-old right to lease to the tenant of their choice.” The “Fair Chance Housing” ordinance, which prevents landlords from rejecting applicants based on criminal history, went into effect in February 2018 but is still in active litigation after facing legal challenges. foxbusiness.com/markets/washington-supreme-court-seattle-landlords
Whenever there are changes to law, new law, or challenges to law landlords and property managers need to take note and make sure current policies are compliant. Challenges to law, such as those in Washington State, can create an air of confusion. A best practice remains for landlords and property managers to work with a well-qualified third-party tenant screening agency.
While good intentions are certainly a part of the First in Time ordinance, the actual results may become a greater challenge for all involved.
As landlords continue to challenge laws such as First in Time, and the use of criminal history records, they should still remain diligent in compliance to existing law.
The eviction process in Washington State is under challenge as well.
From SeattleWeekly.com (Dec 8, 19):
Bills in the Washington State Legislature concerning “just cause” eviction were introduced during the 2019 session, but didn’t pass. John Stovall of the Washington Low Income Housing Alliance said the bills would likely either be re-introduced or that similar legislation will be filed during the 2020 session.
Just cause eviction laws mean landlords can’t serve tenants with 20-day no-cause eviction notices. Under current state law, landlords can evict monthly renters with one of these notices, leaving tenants with no legal recourse. Landlords are also not required to provide a reason for the evictions. seattleweekly.com/news/tenant-advocates-prepare-for-another-push-in-olympia/
Legislators and advocates are active in Washington and change is bound to come sooner than later. And with change comes confusion and, ultimately, working with a third-party tenant-screening agency remains a best practice in order to stay confusion free and compliant with law.
To learn more about the new Washington State law and how such changes to the way a landlord can go about the tenant selection process can cause confusion and why there is so much opposition to the new tenant screening laws including potential changes to the eviction process read recent TenantScreeningUSA.com press release: Challenging Housing Laws in Washington State Could Lead to Further Confusion in Tenant Screening